Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1187588
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`Filing date:
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`01/28/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91273134
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Plaintiff
`Apple Inc.
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`JOSEPH PETERSEN
`KILPATRICK TOWNSEND & STOCKTON LLP
`1080 MARSH ROAD
`MENLO PARK, CA 94025
`UNITED STATES
`Primary email: jpetersen@kilpatricktownsend.com
`Secondary email(s): jpetersen@kilpatricktownsend.com, BBRYN-
`ER@kilpatricktownsend.com, BWolin@kilpatricktownsend.com, agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`650-326-2400
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`Other Motions/Submissions
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`Joseph Petersen
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`jpetersen@kilpatricktownsend.com, BBRYNER@kilpatricktownsend.com,
`BWolin@kilpatricktownsend.com, agarcia@kilpatricktownsend.com, tmad-
`min@kilpatricktownsend.com
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`/Joseph Petersen/
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`01/28/2022
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`Consented Motion to Amend and Contingent Withdrawal - APPLE BABY -SN
`88765586.pdf(129828 bytes )
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Application Serial No. 88/765,586
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`For the Mark:
`Filed: January 20, 2020
`Published: July 27, 2021
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`Opposition No. 91273134
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`Opposer,
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`APPLE INC.,
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` v.
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`APPLE BABY INC,
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`Applicant.
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`CONSENTED MOTION TO AMEND APPLICATION
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`AND CONTINGENT WITHDRAWAL OF NOTICE OF OPPOSITION
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`Opposer Apple Inc. and Applicant Apple Baby Inc (“Applicant”) have resolved the
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`current dispute related to Opposition No. 91273134, contingent upon the amendment of the
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`identification of goods in Applicant’s application. Accordingly, pursuant to 37 C.F.R. § 2.133,
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`Applicant respectfully requests that its application, Serial No. 88/765,586, be amended so that
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`“Toy Robots” and “Toy Vehicles” are deleted from the Class 28 description of goods, while the
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`Class 25 goods remain unchanged. Opposer consents to these amendments, so that the amended
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`application would cover the following goods:
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`Class 25: Caps being headwear; Girdles; Gloves as clothing; Lace boots;
`Neckties; Pyjamas; Scarves; Shawls; Tops as clothing; Underwear
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`Class 28: Dolls; Novelty plush toys for parties; Plush toys; Puppets; Stuffed toys;
`Teddy bears; Toy figures; Toy for pets
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`The parties submit that these requested amendments do not require republication of
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`Applicant’s application, because the amendments narrow, rather than broaden, the scope of the
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`goods.
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`Contingent upon the Board’s approval of these amendments, Opposer withdraws its
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`Notice of Opposition in this proceeding. This withdrawal is made without prejudice and with
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`Applicant’s written consent, as reflected below.
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`January 28, 2022
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`/s/ Xingyi Tao
`Xingyi Yao
`10685-B Hazelhurst Dr. #29808,
`Houston, TX 77043
`Telephone: +86-18623196385
`Email: taoxingyi@daoleerlaw.com
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`Attorneys for Applicant Apple Baby Inc
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`Respectfully submitted,
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`/s/ Joseph Petersen
`Joseph Petersen
`1080 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 326-2400
`Facsimile: (650) 326-2422
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`Attorneys for Opposer Apple Inc.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Application Serial No. 88/765,586
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`For the Mark:
`Filed: January 20, 2020
`Published: July 27, 2021
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`Opposition No. 91273134
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`Opposer,
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`APPLE INC.,
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`APPLE BABY INC,
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`Applicant.
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`CERTIFICATE OF SERVICE
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`I hereby certify that on January 28, 2022 a true copy of the foregoing CONSENTED
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`MOTION TO AMEND APPLICATION AND CONTINGENT WITHDRAWAL OF NOTION
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`OF OPPOSITION is being served upon Applicant by electronic mail to:
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`taoxingyi@daoleerlaw.com
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` /s/ Bryan Wolin
` Bryan Wolin
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