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`12-11-2001
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`U.S. Pawntflz TM01clTM Mull Rep: 0:, #34
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`{
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`C.
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`Vr
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`C.
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`SUMMERHAYS DEVELOPMENT,
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`INC.,
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`Opposer,
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`VS.
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`THE SELMER COMPANY,
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`INC.,
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`Applicant.
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`x./~/\_z\/xaxag/ex/g/\/-.2
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`Opposition No. 116,546
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`STERLING PLUS
`Mark:
`Serial No.:
`74/515,475
`Filed: April 25, 1994
`Published: March 31, 1998
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`REMINDER NOTIFICATION OF APPOINTMENT OF ATTORNEY
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`On September 28, 2001 the Trademark Trial and Appeal Board ofilthe
`‘V
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`United States Patent and Trademark Office issued a notice
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`consolidating opposition numbers 116,402 (BACK STERLING PLUS mark) and
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`116,546 (STERLING PLUS mark) and suspending the consolidated
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`proceedings.
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`A copy of the notice should have been sent to Lester
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`Essig as legal counsel for Summerhays Development, Inc.,
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`the Opposer
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`in the case. Nonetheless, he did not receive, nor can he confirm that
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`there was ever mailed to him, a copy of the notice.
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`It is also Mr.
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`Essig’s understanding that opposing counsel representing The Selmer
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`Company,
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`Inc. also did not receive a copy through normal channels.
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`In response to the foregoing, please be aware that Opposer has
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`appointed Lester K. Essig, a member of the bar of the state of Utah,
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`whose mailing address is Ray, Quinney & Nebeker, 79 South Main Street,
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`Salt Lake City, Utah 84111,
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`to represent it in the case. All
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`$
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`correspondence and telephone calls regarding the case should be
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`directed to Mr. Essig. Mr. Essig's authority to represent the Opposer
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`in the case was set forth in the Notice of Opposition and in its
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`trademark application for the STERLING mark. Mr. Essig’s appointment
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`has been ongoing.
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`Please note that a Certificate of Mailing is attached to this
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`document.
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`In accordance with the Rules of Practice in Trademark Cases
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`at 37 C.F.R. section 1.10,
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`this document should be assigned a filing
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`date of December 6, 2001.
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`DATED this 6th day of December, 2001.
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`SUMMERHAYS DEVELOPMENT,
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`INC.
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`1”
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`
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`Lester K. Essig
`Mark M. Bettilyon
`Arthur B. Berger
`RAY, QUINNEY & NEBEKER
`79 South Main Street
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`By:
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`Salt Lake City, Utah 84111
`Telephone:
`(801) 532~l500
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`Attorneys for Opposer
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`
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`Certificate of Service
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`I hereby certify that a true and correct copy of the foregoing
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`REMINDER NOTIFICATION OF APPOINTMENT OF ATTORNEY was mailed, via
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`United States Mail,
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`first—class postage prepaid, on this 6th day of
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`December, 2001,
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`to the following:
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`Nicole E. Gage, Esq.
`Fish & Richardson, P.C.
`225 Franklin Street
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`Boston, Massachusetts 02110
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`‘,7
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`Certificate of Mailing
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`I hereby certify that the foregoing paper(s) or fee(s) are being
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`deposited with the United States Postal Service with sufficient
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`postage as first class mail
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`in an envelope addressed to the Assistant
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`Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Virginia
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`22202-3513 on the 6th day of December, 2001.
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` Certificate)
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`623480.l.w.lke



