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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
`
`December 19, 2023
`
`Opposition No. 91272801
`
`Apple Inc.
`
`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. On September 26, 2023, the Board allowed Applicant time to submit a
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`separate, substitute drawing page showing the revised depiction of the mark, as
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`required by Trademark Rule 2.51. 37 TTABVUE. On October 10, 2023, Applicant
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`submitted the required substitute drawing page. 38 TTABVUE.
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`By the proposed amendment, Applicant seeks to amend the drawing of the
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`composite mark as follows:
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`From:
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`
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`To:
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`Opposition No. 91272801
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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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`Inasmuch as the proposed amendment does not constitute a material alteration of
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`the mark in the original application, Applicant has submitted the required drawing
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`page, and Opposer consents to the amendment, the amendment is approved and
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`entered. See Trademark Rule 2.133(a).
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`The contingency in Opposer’s withdrawal having now been met, the opposition is
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`dismissed without prejudice.
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`
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`2
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`

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