Apple Inc. v. The Boogie Badge, Inc., 91272801, No. 37 (T.T.A.B. Sep. 26, 2023)

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Apple Inc. v. The Boogie Badge, Inc., 91272801, No. 37 (T.T.A.B. Sep. 26, 2023)

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`adh/ca
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`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
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`September 26, 2023
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`Opposition No. 91272801
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`Apple Inc.
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`v.
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`The Boogie Badge, Inc.
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`
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`By the Trademark Trial and Appeal Board:
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`On August 21, 2023, Applicant filed the parties stipulation comprised of
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`Applicant’s proposed amendment to application Serial No. 90050232, and Opposer’s
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`withdrawal of the opposition without prejudice, contingent upon entry of the
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`amendment.
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`By the proposed amendment, applicant seeks to amend the drawing of the stylized
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`mark as follows:
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`From:
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`To:
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`A proposed amendment to any application which is the subject of an inter partes
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`proceeding is governed by Trademark Rule 2.133, and must also comply with all
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`applicable rules and statutory provisions, including Trademark Rules 2.71-2.75. See
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`
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`Opposition No. 91272801
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`TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE (TBMP) § 514.01
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`(2023).
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`An applicant may amend the drawing of the mark only if the proposed amendment
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`does not materially alter the mark. See Trademark Rules 2.72(a)(2) and (b)(2).
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`However, inasmuch as Applicant seeks to amend the mark as it appears on the
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`drawing page submitted with the application, a separate, substitute drawing page
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`showing the revised depiction of the mark must be submitted. See Trademark Rules
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`2.51, 2.53 and 2.54; see also TRADEMARK MANUAL OF EXAMINING PROCEDURE (TMEP)
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`§ 807.15 (2023). In view thereof, although the Board finds that the proposed change
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`to the mark does not constitute a material alteration, the amendment to the mark
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`cannot be approved and entered without the referenced substitute drawing. Once a
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`substitute drawing page is submitted, the Board will be able to consider and enter
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`the proposed amendment to the mark.
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`Inasmuch as the filing of the proposed amendment indicates to the Board that the
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`parties are making efforts to settle this matter, proceedings are SUSPENDED, and
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`Applicant is allowed until TWENTY (20) DAYS from the date of this order to submit
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`the substitute drawing page for the amended mark, failing which the Board will
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`resume this proceeding and reset dates, and the opposition will go forward in
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`connection with Application No. 90050232 based on the present application.
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`Proceedings are otherwise suspended.
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`2
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