`
`ESTTA Tracking number:
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`ESTTA1268203
`
`Filing date:
`
`02/24/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Ex Parte Appeal -
`Serial No.
`
`90177287
`
`Appellant
`
`Apple Inc.
`
`Applied for mark
`
`APPLE MUSIC 1
`
`Correspondence
`address
`
`Submission
`
`Attachments
`
`Filer's name
`
`Filer's email
`
`GLENN A GUNDERSEN
`DECHERT LLP
`2929 ARCH ST
`PHILADELPHIA, PA 19104
`UNITED STATES
`Primary email: trademarks@dechert.com
`Secondary email(s): trademarkdocket@apple.com, karenmarie@apple.com,
`laperle@apple.com, glenn.gundersen@dechert.com, jen-
`nifer.insley-pruitt@dechert.com
`No phone number provided
`
`To file a main brief - second or subsequent request
`
`APPLE MUSIC 1 Request for Extension of Time to File Appeal Brief Febr uary
`2023 Class 41.pdf(76292 bytes )
`
`Glenn A. Gundersen
`
`glenn.gundersen@dechert.com, trademarks@dechert.com, jen-
`nifer.insley-pruitt@dechert.com
`
`Signature
`
`Date
`
`/Glenn A. Gundersen/
`
`02/24/2023
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In re Application of Apple Inc.
`
`Application Serial Nos. 90/177,287 (parent)
` 90/177,346
`
`
`Trademark: APPLE MUSIC 1
`
`
`
`
`
`
`
`
`
`
`
`
`
`APPLICANT’S REQUEST FOR
`EXTENSION OF TIME TO FILE A BRIEF ON APPEAL
`
`
`
`
`
`
`
`
`
`
`
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`Pursuant to TBMP § 1203.02(d), Applicant Apple Inc. (“Applicant”) hereby respectfully
`
`requests a thirty (30) day extension of time in which to file its appeal brief in this matter.
`
`Applicant’s appeal brief is currently due on February 26, 2023. As grounds for its request for an
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`extension of time, Applicant states as follows:
`
`Under TBMP 1203.02(d), “[a]n extension of time for filing an appeal brief in an ex parte
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`appeal to the Board may be granted by the Board upon written request showing good cause for
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`the requested extension.” See, e.g., In re Football Northwest, LLC, App. Serial No. 86353936,
`
`2017 WL 5885603, at *1 n.3 (T.T.A.B. Nov. 3, 2017) (noting that “Applicant requested and was
`
`granted several requests for extensions of time to file its appeal brief”). “The determination of
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`good cause will be based upon all relevant circumstances, including the length of time of any
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`previously granted extensions and the reason(s) for the requested extension(s).” TBMP
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`1203.02(d).
`
`
`
`“Depending on the totality of the circumstances, good cause has been found when…
`
`attempting to negotiate a consent agreement.” TBMP 1203.02(d).
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`Here, Applicant requests a thirty (30) day of extension of time in order to attempt to
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`complete the negotiation of a consent agreement with the registrant whose registration has been
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`cited under Section 2(d) against the pending applications. This is Applicant’s second request for
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`an extension of time. Applicant respectfully submits that under the applicable circumstances,
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`Applicant has shown good cause for the requested extension. Accordingly, Applicant requests
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`that its request for an extension of time be granted and the deadline by which Applicant must file
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`its appeal brief extended through and including March 28, 2023.
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`
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`Dated: February 24, 2023
`
`
`
`
`
`
`
`
`
`
`/Glenn A. Gundersen/
`By:
` Glenn A. Gundersen
` Jennifer Insley-Pruitt
` DECHERT LLP
` Cira Centre
` 2929 Arch Street
` Philadelphia, PA 19104-2808
` (215) 994-2183
`
` Counsel for Applicant
`
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`2
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