Apple, Inc.

Trademark Trial and Appeal Board

Feb 1, 2013

No. 77844736re (T.T.A.B. Feb. 1, 2013)

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Serial No. 77616247
Serial No. 77844718
Serial No. 77844736

- 2 -
. 2

3

In a decision dated August 28, 2012, the Board issued the following or-
der:
In Serial No. 77616247 for the mark OpenCL, in standard
character form, the refusals to register are reversed and
this application will be forwarded to publication.

In Serial Nos. 77844718 and 77844736 for the marks
OpenCL and design, the descriptiveness refusal is re-
versed but the requirement that applicant failed to submit
an acceptable specimen is affirmed and registration is re-
fused.

On September 21, 2012, applicant filed a request for reconsideration of
the August 28, 2012 Order. As grounds for reconsideration, applicant argues
that application Serial No. 77844736 is an intent-to-use application and that

2 Application Serial No. 77844718 was filed on October 8, 2009.
3 Application Serial No. 77844736 was filed on October 8, 2009.
Serial No. 77616247
Serial No. 77844718
Serial No. 77844736

- 3 -
the examining attorney never issued a specimen refusal in connection with
that application. Applicant is correct. The request for reconsideration is
granted.
The Decision section on the last page of the Board’s August 28, 2012
Order is deleted and replaced with the following:
Decision: In Serial No. 77616247 for the mark OpenCL, in standard
character form, and Serial No. 77844736 for the mark OpenCL and design
(color logo), the refusals to register are reversed and the applications will be
forwarded to publication.
In Serial No. 77844718 for the mark OpenCL and design (black and
white logo), the descriptiveness refusal is reversed but the refusal based on
applicant’s failure to comply with a requirement that applicant submit an ac-
ceptable specimen is affirmed.