`
`ESTTA Tracking number:
`
`ESTTA1262615
`
`Filing date:
`
`01/27/2023
`
`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
`
`Signature
`
`Date
`
`THOMAS R LA PERLE
`APPLE INC
`ONE APPLE PARK WAY
`MS 39-1IPL
`CUPERTINO, CA 95014
`UNITED STATES
`Primary email: laperle@apple.com
`Secondary email(s): trademarkdocket@apple.com, karenmarie@apple.com
`669-227-7171
`
`To file a main brief - first request
`
`Request for Extension of Time to File Appeal Brief APPLE MUSIC 1 Clas s 41
`SN 90177287 SN 90177346.pdf(168954 bytes )
`
`Thomas Kienzle
`
`trademarks@dechert.com
`
`/Thomas Kienzle/
`
`01/27/2023
`
`
`
`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
`
`
`
`
`
`
`
`
`
`
`
`
`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 January 27, 2023. As grounds for its request for an
`
`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
`
`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
`
`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).” TMEP
`
`1203.02(d). Depending on the circumstances, “the press of other business . . . may be sufficient
`
`to show good cause.” See, e.g., Societa Per Azioni Chianti Ruffino Esportazione Vinicola
`
`
`
`Toscana v. Colli Spolentini Spoletoducale SCRL, Opp. No. 115,956, 2001 WL 473989 (T.T.A.B.
`
`May 2, 2001) (finding good cause for an extension of time due to “the press of other litigation”).
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`Here, Applicant requests a thirty (30) day of extension of time due to the press of other
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`business and in order to ensure that it has adequate opportunity to review the record and consider
`
`all relevant options and applicable precedents. This is Applicant’s first request for an extension
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`of time.
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`Applicant respectfully submits that under the applicable circumstances, Applicant has
`
`shown good cause for the requested extension. Accordingly, Applicant requests that its request
`
`for an extension of time be granted and the deadline by which Applicant must file its appeal brief
`
`extended through and including February 26, 2023.
`
`
`
`2
`
`
`
`Dated: January 27, 2023
`
`
`
`
`
`
`
`By:
`
` /s/ Thomas Kienzle
` Glenn A. Gundersen
` Jennifer Insley-Pruitt
` Thomas Kienzle
`
`DECHERT LLP
`Cira Centre
`2929 Arch Street
`Philadelphia, PA 19104-2808
`(215) 994-2183
`
`Counsel for Applicant
`
`
`
`
`
`
`
`
`
`3
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`
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