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`
`12-11-2001
`
`U.S. Pawntflz TM01clTM Mull Rep: 0:, #34
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`{
`\-
`
`C.
`
`Vr
`
`-
`C.
`
`cw
`
`SUMMERHAYS DEVELOPMENT,
`
`INC.,
`
`Opposer,
`
`VS.
`
`THE SELMER COMPANY,
`
`INC.,
`
`Applicant.
`
`x./~/\_z\/xaxag/ex/g/\/-.2
`
`Opposition No. 116,546
`
`STERLING PLUS
`Mark:
`Serial No.:
`74/515,475
`Filed: April 25, 1994
`Published: March 31, 1998
`
`REMINDER NOTIFICATION OF APPOINTMENT OF ATTORNEY
`
`On September 28, 2001 the Trademark Trial and Appeal Board ofilthe
`‘V
`
`United States Patent and Trademark Office issued a notice
`
`consolidating opposition numbers 116,402 (BACK STERLING PLUS mark) and
`
`116,546 (STERLING PLUS mark) and suspending the consolidated
`
`proceedings.
`
`A copy of the notice should have been sent to Lester
`
`Essig as legal counsel for Summerhays Development, Inc.,
`
`the Opposer
`
`in the case. Nonetheless, he did not receive, nor can he confirm that
`
`there was ever mailed to him, a copy of the notice.
`
`It is also Mr.
`
`Essig’s understanding that opposing counsel representing The Selmer
`
`Company,
`
`Inc. also did not receive a copy through normal channels.
`
`In response to the foregoing, please be aware that Opposer has
`
`appointed Lester K. Essig, a member of the bar of the state of Utah,
`
`whose mailing address is Ray, Quinney & Nebeker, 79 South Main Street,
`
`Salt Lake City, Utah 84111,
`
`to represent it in the case. All
`
`

`
`$
`
`correspondence and telephone calls regarding the case should be
`
`directed to Mr. Essig. Mr. Essig's authority to represent the Opposer
`
`in the case was set forth in the Notice of Opposition and in its
`
`trademark application for the STERLING mark. Mr. Essig’s appointment
`
`has been ongoing.
`
`Please note that a Certificate of Mailing is attached to this
`
`document.
`
`In accordance with the Rules of Practice in Trademark Cases
`
`at 37 C.F.R. section 1.10,
`
`this document should be assigned a filing
`
`date of December 6, 2001.
`
`DATED this 6th day of December, 2001.
`
`SUMMERHAYS DEVELOPMENT,
`
`INC.
`
`1”
`
`
`
`Lester K. Essig
`Mark M. Bettilyon
`Arthur B. Berger
`RAY, QUINNEY & NEBEKER
`79 South Main Street
`
`By:
`
`Salt Lake City, Utah 84111
`Telephone:
`(801) 532~l500
`
`Attorneys for Opposer
`
`

`
`Certificate of Service
`
`I hereby certify that a true and correct copy of the foregoing
`
`REMINDER NOTIFICATION OF APPOINTMENT OF ATTORNEY was mailed, via
`
`United States Mail,
`
`first—class postage prepaid, on this 6th day of
`
`December, 2001,
`
`to the following:
`
`Nicole E. Gage, Esq.
`Fish & Richardson, P.C.
`225 Franklin Street
`
`Boston, Massachusetts 02110
`
`

`
`
`
`‘,7
`
`Certificate of Mailing
`
`I hereby certify that the foregoing paper(s) or fee(s) are being
`
`deposited with the United States Postal Service with sufficient
`
`postage as first class mail
`
`in an envelope addressed to the Assistant
`
`Commissioner for Trademarks, 2900 Crystal Drive, Arlington, Virginia
`
`22202-3513 on the 6th day of December, 2001.
`
` Certificate)
`
`623480.l.w.lke

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