`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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`October 11, 2022
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`In re Apple Inc.
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`Ex Parte Appeal No. 90177287
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`Appeal received: 10/11/2022
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`Brief due: N/A
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`ESTTA1241128
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`Appellant filed a notice of appeal, with the required fee, on the date indicated
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`above. The appeal was filed under the provisions of Trademark Rule 2.141(a) from a
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`final refusal in above-identified application and is hereby instituted.
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`Appellant checked the box on the ESTTA form indicating that it has filed a
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`request for reconsideration which is still pending before the Trademark Examining
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`Attorney, or it is filing a request for reconsideration today. Appellant should notify
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`the Board immediately if it has not filed a timely request for reconsideration and
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`does not intend to do so.
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`In view of the filing of the request for reconsideration, the appeal is suspended
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`and the application is remanded to the Examining Attorney to consider the request
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`for reconsideration.
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`If registrability is found on the basis of the request for reconsideration, the
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`appeal will be moot. In the event the refusal of registration is maintained, and
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`assuming that the request for reconsideration does not raise a new issue, the
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`application will be returned to the Board, proceedings in the appeal will be
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`resumed, and Appellant will be allowed time in which to file an appeal brief. If the
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`request for reconsideration raises a new issue, the Examining Attorney may not
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`issue a final refusal until the Appellant has been given an opportunity to respond.
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`Upon issuance of a final refusal, proceedings in the appeal will be resumed, and
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`Appellant will be allowed time in which to file an appeal brief.
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`Request to Divide
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`If, in addition to filing a notice of appeal and request for reconsideration,
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`Appellant has also filed a request to divide the application, then the Examining
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`Attorney should forward the application to the ITU/Divisional Unit of the Office to
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`act on the request to divide. After the request to divide is processed, the Examining
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`Attorney should consider the request for reconsideration. If registrability is found
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`on the basis of the request for reconsideration, the appeal will be moot. If the
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`refusal of registration is maintained, the divided file containing classes for which an
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`appeal has been filed should be returned to the Board, and the Board will then
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`resume proceedings in the appeal and allow Appellant time to file an appeal brief.
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`The file for which no appeal has been taken should be treated by the Examining
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`Attorney in the same manner as any request for reconsideration where there has
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`been no appeal.
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`Appeal Briefs
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`Upon resumption of the appeal, Appellant will be allowed time to file an appeal
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`brief. Failure to file the brief may result in dismissal of the appeal. Trademark
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`Rules 2.142(b)(1) and 2.6(a)(18).
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`The Trademark Rules of Practice provide that the Examining Attorney shall file
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`a written brief answering Appellant’s brief and shall send a copy of the brief to
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`Appellant within sixty days after Appellant’s brief is sent to the Examining
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`Attorney. Appellant may file a reply brief within twenty days from the mailing date
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`of the Examining Attorney’s brief. If an oral hearing is desired, Appellant must file
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`a separate request accompanied by the required fee not later than ten days after the
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`due date for Appellant’s reply brief. Trademark Rules 2.142, 2.6(a)(18) and
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`2.6(a)(24).
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`Briefs must meet each of the requirements prescribed in Trademark Rule 2.126,
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`which states that submissions must be made to the Board via ESTTA. See
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`Trademark Rule 2.142(b)(2). ESTTA forms for electronic filings are available at
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`https://estta.uspto.gov. Board proceeding files can be viewed using TTABVUE at
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`https://ttabvue.uspto.gov.
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