`
`
`Applicant:
`
`Apple, Inc.
`
`: BEFORE THE
`
`: TRADEMARK TRIAL
`
`:
`
` AND
`
`: APPEAL BOARD
`
`: ON APPEAL
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Trademark: APPLE MUSIC 1
`
`
`MUSIC 1 and apple design
`
`Serial Nos.:
`
`
`Attorney:
`
`Address:
`
`90177287 and 90177346
`
`
`
`
`Thomas R. La Perle
`
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`
`
`
`
`
`MOTION TO CONSOLIDATE
`
`Applicant is seeking registration on the Principal Register of APPLE MUSIC 1 (Serial No.
`90177287) and MUSIC 1 and design (Serial No. 90177346). Both applications were refused pursuant
`to Section 2(d) of the Lanham Act for likelihood of confusion with U.S. Registration No. 3879579.
`
`The examining attorney notes that the legal issues involved in these cases are virtually identical.
`
`As the applicant has filed an ex parte appeal to the Board in each case, and Serial Nos. 90177287
`and 90177346 involve common issues of law and fact; the examining attorney requests that the Board
`issue an Order consolidating these appeals for purposes of efficiency and ease of prosecution. TBMP
`§1214.
`
`Additionally, as the examining attorney’s appeal brief for Serial No. 90177287 is due on December
`10, 2022, and the examining attorney appeal brief for Serial No. 90177346 is due on December 11,
`2022, the examining attorney respectfully requests that the consolidated brief for the two cases both
`be due on Monday, December 13, 2022.
`
`
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`
`
`Respectfully submitted,
`
`/Whitley Mumm/
`Whitley A. Mumm
`Trademark Examining Attorney
`Law Office 111
`571.270.3848
`whitley.mumm@uspto.gov
`
`
`
`
`
`
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