`
`
`
`
`
`
`
`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
`
`May 1, 2023
`
`In re Apple Inc.
`
`Ex Parte Appeal No. 90177287 (parent)
`Ex Parte Appeal No. 90177346
`
`
`
`Nicole Thier, Paralegal Specialist:
`
`On April 27, 2023, Appellant filed a request to remand the application to the
`
`Trademark Examining Attorney. Appellant seeks remand so that the Trademark
`
`Examining Attorney may consider a signed consent coexistence agreement.
`
`Good cause having been shown, the request for remand is granted, action on the
`
`appeal is suspended, and the file is remanded to the Trademark Examining Attorney.
`
`See TBMP § 1209.04.
`
`If registrability is found on the basis of the request for remand, the appeal will be
`
`moot. In the event the refusal of registration is maintained, and assuming that the
`
`request for remand does not raise a new issue, the application will be returned to the
`
`Board, proceedings in the appeal will be resumed, and Appellant will be allowed time
`
`in which to file an appeal brief. If the request for remand raises a new issue, the
`
`Examining Attorney may not issue a final refusal until the Appellant has been given
`
`an opportunity to respond. Upon issuance of a final refusal, proceedings in the appeal
`
`will be resumed, and Appellant will be allowed time in which to file an appeal brief.
`
`
`
`
`
`Consolidated Ex Parte Appeal - Serial Nos. 90177287 and 90177346
`
`
`Appeal Briefs
`
`Upon resumption of the appeal, Appellant will be allowed time to file an appeal
`
`brief, with the required fee. Failure to file the brief may result in dismissal of the
`
`appeal. Trademark Rules 2.142(b)(1) and 2.6(a)(18).
`
`The Trademark Rules of Practice provide that the Trademark Examining
`
`Attorney shall file a written brief answering Appellant’s brief and shall send a copy
`
`of the brief to Appellant within sixty days after Appellant’s brief is sent to the
`
`Examining Attorney. Appellant may file a reply brief within twenty days from the
`
`mailing date of the Examining Attorney’s brief. If an oral hearing is desired,
`
`Appellant must file a separate request accompanied by the required fee not later than
`
`ten days after the due date for Appellant’s reply brief. Trademark Rules 2.142,
`
`2.6(a)(18) and 2.6(a)(24).
`
`Briefs must meet each of the requirements prescribed in Trademark Rule 2.126,
`
`which states that submissions must be made to the Board via ESTTA. See Trademark
`
`Rule 2.142(b)(2). ESTTA
`
`forms
`
`for electronic
`
`filings are available at
`
`https://estta.uspto.gov. Board proceeding files can be viewed using TTABVUE at
`
`https://ttabvue.uspto.gov.
`
`
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
