`Atlanta GA 30309-4528
`t404 815 0500 f404 815 6555
`WWW.K1ipaITlCkS1OCl(l0n.COm
`
`direct dial 404 815 (3010
`direct fax 404 541 3387
`nidavis(u ki1patrickstocktoii.com
`
`KILPATRICK
`
`K
`
`STOCKTON LLP
`
`Attorneys at Law
`
`September 21, 2009
`
`Commissioner of Trademarks
`
`P.O. Box 1451
`
`Alexandria, VA 223l3—l45l
`
`Re:
`
`Trademark: APP STORE
`
`Notice of Appeal
`Serial No.: 77/525,433
`Our Ref. No.2 55671 /370551
`
`Dear Sir,’Madam,
`
`On Friday, September 18, 2009, we submitted a Notice of Appeal, with a Credit Card
`Authorization Form in the amount of $300, and a Response to the Final Office Action and
`Request for Reconsideration for the above referenced application. Based on a review of our
`file copy, it appears that the Notice of Appeal may have gone unsigned. As the deadline for
`filing the appeal is today, and to ensure that Notice of Appeal is complete, we enclose a
`signed Notice of Appeal. Please enter this timely filed Notice of Appeal, and charge the
`$300 fee using our previously submitted Credit Card Authorization Form. To the extent that
`there is any fee deficiency, please charge such amount to our USPTO deposit account no.
`1 1-
`0800.
`
`Please contact me if you have any questions or concerns.
`
`Sincerely,
`
`A
`
`5.
`Nichole E. Davis
`
`< ‘cI'1i1IIc_z1tc_n_I,l“Im£J,u>>,&l;1fl1U£
`
`1 I
`
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`
`I hereby certify that this correspondence is being deposited with the United States Postal Service as First (‘lass Mail in an cmclopc addressed to
`the (‘oinniissioner for ’lradcmarks. P.(). Box 1451. Alexandria. Virginia 22313-1451 on:
`‘
`,1 ,_;_=_,,
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`U9-25-2009
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK EXAMINING DIVISION
`
`APPLICANT:
`
`Apple Inc.
`
`TRADEMARK: APP STORE
`
`SERIAL NO.:
`
`77/525,433
`
`CLASS:
`
`35, 38, 42
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`John Dwyer
`Trademark Examining Attorney
`Law Office 1 16
`
`\/\_/\_/\/\_/\J\_/\/\/
`
`NOTICE OF APPEAL
`
`Applicant, by its undersigned attomeys, hereby appeals to the Trademark Trial and Appeal
`
`Board from the decision of the Examiner of Trademarks refusing registration. Applicant is
`
`simultaneously filing herewith a Response to the Final Office Action and Request for
`
`Reconsideration.
`
`It is therefore requested that the appeal be suspended while the Examining
`
`Attorney reviews the Response to the Final Office Action and Request for Reconsideration.
`
`A credit card authorization fonn for the $100 per class Official Fee, totaling $300 for this
`
`appeal is enclosed. The Commissioner is authorized to charge any fee deficiencies or credit any
`
`overpayment to our Deposit Account No. 11-0860.
`
`I
`i
`
`('ertit‘icate Q_[‘_I“Vl1$AI(JS.\ Mailtmg
`I hereby certil'_V that this correspondence is being deposited with the United States Postal Service as First (‘lass Mail in an envelope
`addressed to the (mninissioner for lradeniarks, P.(). Box 1451. Alexandria. Virginia 223l3~l~§5l on:
`.L(_l(_ii,
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`(Printed name or‘ person mailing paper or fee)
`
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`(Sign_ature)\
`"YLJ-3;~2LL@,‘I__,v___
`(Date ofsignature)
`
`
`
`Dated: September 21, 2009
`
`Respectfully submitted,
`
`KILPATRICK STOCKTON LLP
`/
`B)': T_;’,; t_;;l4Tli:‘<\/
`’ Jason M. Vogel
`Stephen J. Coates
`Nichole E. Davis
`31 West 52” Street, 14”" Floor
`New York, New York 10019
`
`Telephone: (212)775-8702
`Facsimile: (212)775-8802
`
`Ix)
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