ESTTA Tracking number:
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`ESTTA1393388
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`Filing date:
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`11/01/2024
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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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`91288328
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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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`Defendant
`1.4G Holdings LLC
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`DOUGLAS BURDA
`BURDA IP
`8876 SPANISH RIDGE AVE STE 204
`LAS VEGAS, NV 89148
`UNITED STATES
`Primary email: douglas@burda.co
`Secondary email(s): uspto@burda.co
`248-217-0002
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`Motion to Amend Application
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`Douglas Burda
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`douglas@burda.co
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`/Douglas Burda/
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`11/01/2024
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`Attachments
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`Consent Motion to Amend - FUSE.pdf(100409 bytes )
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Application Serial No. 97/484,635
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`For the Mark:
`Filed: June 30, 2022
`Published: May 23, 2023
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`APPLE INC.,
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`v.
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`1.4G HOLDINGS LLC,
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`Opposer,
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`Applicant.
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`Opposition No. 91288328
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`CONSENTED MOTION TO AMEND APPLICATION AND, CONTINGENT
`THEREUPON, TO DISMISS OPPOSITION WITHOUT PREJUDICE
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`Applicant 1.4G Holdings LLC, by counsel, moves the Trademark Trial and Appeal Board
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`(“TTAB”), pursuant to 37 C.F.R. 2.133(a), to amend its Trademark Application 97/484,635 (“the
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`Application”). See also TBMP §514.02 and TMEP §1505.01(f). In accordance with Rule 2.133
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`of the Trademark Rules of Practice, 37 C.F.R. § 2.133, Applicant has obtained the consent of
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`Opposer, Apple Inc., to the amendment set forth below. In support thereof, the Parties hereby
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`state:
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`1. Amendment to Drawing
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`Applicant wishes to amend the Application to change the drawing of the stylized mark
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`which is the subject of the Application.
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`1
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`The current drawing of the mark is:
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`Applicant respectfully requests that the drawing of the mark be amended to the following:
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`The Parties respectfully submit
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`that
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`the foregoing amendment
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`is not a material
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`alteration and would not require republication nor broaden the scope of the Application. An
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`amended drawing page, containing only a copy of the proposed amended drawing, is attached
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`to this motion.
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`2
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`2.
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`Amendment to Basis
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`The Application is currently based on use in commerce. If the proposed amended
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`drawing is accepted, Applicant respectfully requests that the basis of the Application be
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`modified to an intent-to-use basis, rather than use in commerce. This modification is necessary
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`to reflect the fact that Applicant is not currently using the amended drawing in commerce, but
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`has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with
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`the identified goods/services. 15 U.S.C. § 1051(b).
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`3.
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`Contingent Dismissal of Opposition Without Prejudice
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`If the Board approves the foregoing amendment to the drawing of the Application and
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`amendment to the basis of the Application, Opposer, with Applicant’s written consent, hereby
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`requests that the opposition be dismissed without prejudice.
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`4.
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`Suspension
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`The Parties hereby request that this opposition be suspended while the Board attends to
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`the amendments, and contingent withdrawal, described above.
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`Respectfully submitted and consented to,
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`/Douglas Burda/
`Douglas Burda
`Burda IP
`8876 Spanish Ridge Ave Ste 204
`Las Vegas, NV 89148
`douglas@burda.co, uspto@burda.co
`Phone: 248-217-0002
`Attorneys for Applicant
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`CONSENTED TO:
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`/Joseph Petersen/
`Joseph Petersen
`Kilpatrick Townsend & Stockton LLP
`1302 El Camino Real, Suite 175
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`3
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`Menlo Park, CA 94025
`jpetersen@kilpatricktownsend.com
`Attorneys for Opposer
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Application Serial No. 97/484,635
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`For the Mark:
`Filed: June 30, 2022
`Published: May 23, 2023
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`APPLE INC.,
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`v.
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`1.4G HOLDINGS LLC,
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`Opposer,
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`Applicant.
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`Opposition No. 91288328
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`CERTIFICATE OF SERVICE
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`This is to certify that on this day, November 1, 2024, a copy of the foregoing
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`CONSENTED MOTION TO AMEND APPLICATION AND, CONTINGENT THEREUPON,
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`TO DISMISS OPPOSITION WITHOUT PREJUDICE has been served on Opposer by email
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`addressed to Opposer’s counsel at the following email addresses.
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`JPetersen@ktslaw.com, BBryner@ktslaw.com, BWolin@ktslaw.com,
`AGarcia@ktslaw.com, tmadmin@ktslaw.com, briggs.wright@ktslaw.com
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`/Douglas Burda/
`Attorney for Applicant
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`6
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