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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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`November 5, 2024
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`Opposition No. 91288328
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`Apple Inc.
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`v.
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`1.4G Holdings LLC
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`Kevin G. Crennan, Interlocutory Attorney:
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`On November 1, 2024, Applicant filed the parties’ stipulated proposed
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`amendments to involved application Serial No. 97484635. 26 TTABVUE.
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`By the proposed amendments, Applicant seeks to amend the drawing of the mark
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`from
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` to
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`, and if the proposed amended mark drawing is accepted, to
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`amend the filing basis from Trademark Act Section 1(a), 15 U.S.C. § 1051(a), based
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`on use in commerce to Trademark Act Section 1(b), 15 U.S.C. § 1051(b), based on a
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`bona fide intent to use.
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`The Board finds that the amendment to the mark drawing does not materially
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`alter the mark. See Trademark Rule 2.72. Moreover, the Board notes that Opposer
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`consents to the amendments. See Trademark Rule 2.133.
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`Opposition No. 91288328
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`However, a proposed amendment to any application which is the subject of an
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`inter partes proceeding must also comply with all other applicable rules and statutory
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`provisions. See TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE
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`§§ 514.01, 605.03(b) (2024).
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`Under Trademark Rule 2.35(b)(3), “[w]hen an applicant substitutes one basis for
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`another, the Office will presume that there was a continuing valid basis, unless there
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`is contradictory evidence in the record, and the application will retain the original
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`filing date.” However,
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`when amending from §1(a) to §1(b) in a trademark or service mark application,
`the applicant must confirm the presumption by submitting a verified
`statement that the applicant has a bona fide inte ntion to use the mark in
`commerce, and that the applicant had a bona fide intention to use the mark in
`commerce as of the application filing date.
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`TRADEMARK MANUAL OF EXAMINING PROCEDURE § 806.03(c) (citations omitted); see
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`Trademark Rule 2.34(a)(2) (“In an application under section 1(b) of the Act, the
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`applicant must verify that the applicant has a bona fide intention to use the mark in
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`commerce. If the verified statement is not filed with the initial application, the
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`verified statement must also allege that the applicant had a bona fide intention to
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`use the mark in commerce as of the application filing date.”). Applicant’s proposed
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`amendment to the filing basis is not verified, nor does Applicant state that it had a
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`bona fide intent to use the mark in commerce as of the application filing date.
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`2
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`Opposition No. 91288328
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`Therefore, the Board cannot accept the proposed amendments and will not enter
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`the amendments.1
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`In view of these findings, the motion to amend is denied without prejudice.
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`The present mark drawing and filing basis, that is, the mark drawing and filing basis
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`prior to the filing of the motion to amend, remain operative for purposes of future
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`amendment.
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`However, inasmuch as the filing of the proposed amendments indicates to the
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`Board that the parties are making efforts to settle this matter, proceedings are
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`suspended, and the parties are allowed until thirty (30) days from the date of this
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`order to file a revised motion to amend, failing which the Board will resume
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`proceedings and reset dates, and the opposition will go forward on the present
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`application.2
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`1 If the filing basis of the involved application is not amended, then the specimen originally
`filed, which depicts the mark with a leaf, does not support the proposed amended mark
`drawing, which omits the leaf. See Trademark Rule 2.72(a)(1).
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`2 The parties are advised that if the filing basis of the application is amended, republication
`is required. Trademark Rule 2.35(b)(2).
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`3
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