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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`February 6, 2023
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`In re Apple Inc.
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`Ex Parte Appeal No. 90177287
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`Nicole Thier, Paralegal Specialist:
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`On January 27, 2023, Appellant filed a first request for an extension of 30 days to
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`file its appeal brief. In its request, Appellant argues that there is good cause for an
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`extension because of the press of other litigation which will allow counsel time to
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`review the record and prepare an adequate brief.
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`Section 1203.02(d) of the Trademark Trial and Appeal Board Manual of Procedure
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`(“TBMP”) provides the following explanation about good cause and requests for
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`extensions of time:
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`The determination of good cause will be based upon all relevant circumstances,
`including the length of time of any previously granted extensions and the reason(s)
`for the requested extension(s). Thus, a reason such as the press of other business,
`which may be sufficient to show good cause for a first extension of thirty days,
`may not be sufficient for a second extension of time. Depending on the totality of
`the circumstances, good cause has been found when there has been an
`appointment of a new attorney, illness, the need to get instructions from a foreign
`applicant, and attempting to negotiate a consent agreement.
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`Ex Parte Appeal - Serial No. 90177287
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`Insofar as Appellant has demonstrated good cause for a first extension,
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`Appellant’s request is approved and Appellant is allowed until February 26, 2023 to
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`file its appeal brief.1 See TBMP § 1203.02(d).
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`1 Pursuant to Trademark Rule 2.6(a)(18)(iii), 37 C.F.R. § 2.6(a)(18)(iii), no fee is required for
`filing a first request for an extension of time to file an appeal brief. Appellant is advised that
`a fee is required for filing a second or subsequent request for an extension of time to file an
`appeal brief. Trademark Rule 2.6(a)(18)(v), 37 C.F.R. § 2.6(a)(18)(v).
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`2
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