`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Sterling Software, Inc.
`
`Opposer
`
`VS.
`
`Atwood Daniel Cool
`
`Applicant
`
`Box TTAB
`
`NO FEE
`
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`CERTIFICATION UNDER 37 CFR § 1.8
`
`I hereby certifi: that the documents referred to as enclosed herein are being
`deposited with the
`nited States Postal Service as first class mail on this
`date September _L_ 2003 as in an envelope addressed to “BOX TTAB,,
`Assistant Commissioner for Trademarks, 2900 Crystal Drive, Arlington,
`VA 22202-3513
`
`Pamela
`
`z
`
`(NEofperson
`Signature
`
`gpaper)
`
`g
`
`Opposition No. 118,919
`
`\.J%%%%%\/\/\./M
`
`,\
`I/Illllll//I/I//II/I/IIIIII//I/III///II/II//I//II/
`
`09-22-2003
`U's- Patent & TM
`
`.
`Ofe/TM Man ficm Dr. #78
`
`MOTION FOR SUSPENSION OF PROCEEDINGS/
`
`EXTENSION OF Tl1VlE TO FILE ANSWER TO NOTICE OF OPPOSITION
`
`Applicant, by its attorney, hereby moves, pursuant to Trademark Rule 2.117(c),
`for suspension of all proceedings for six months, subject to theright of either party to request
`resumption of proceedings at any time prior thereto. As Applicant’s answer has not yet been
`filed, a suspension of these proceedings will necessarily toll the time period to file an answer to
`Opposer’s Notice of Opposition, until such time as this suspension is lifted.
`
`As grounds in support of this motion, Applicant asserts that the parties, through
`their attorneys, are engaged in settlement discussions that, if successful, will result in the
`termination of this proceeding. Suspension is requested in order to allow the parties to maintain
`the status quo pending the outcome of these settlement negotiations.
`
`Gray Cary\SD\1483108
`105660-900005
`
`
`
`
`
`‘ii:
`
`2
`
`\I
`
`’
`?
`
`‘i
`
`Counsel for Opposer, Anita Nesser has verbally consented to this motion.
`
`Applicant is not aware of any filing fees, but if there are any, the Commissioner is
`hereby authorized to charge any additional fees which may be required, to Deposit Account No. 07-
`1895.
`
`Dated: September
`
`( 8/, 2003
`
`Respectfully submitted,
`
`
`
`. Kim, Esq.
`Jo
`Attorneys for Applicant
`
`GRAY CARY WARE & FREIDENRICH LLP
`
`4365 Executive Drive,,Suite 1100
`San Diego, California 92121-2133
`Telephone:
`(858) 638-6859
`Facsimile:
`(85 8) 677-1400
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing
`Motion for Suspension of
`Proceedings/Extension of Time to File Answer
`to Notice of Opposition was mailed by first-
`class mail, postage prepaid, to Anita Nesser,
`Baker Botts, L.L.P., 2001 Ross Avenue, Suite
`600, Dal]
`TX 75201-2980 this 3 day of
`
`
`
` Pamela Gomez
`
`Gray Cary\SD\1 483108
`105660-900005
`
`2
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