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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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`_ _ _ _ _ _ _ _ — — — — — — — — — —-X
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`MARS, INCORPORATED,
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`Opposition No. 121,237
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`“Express Mail’’ mailin labei No.: EV 232315491
`Date of Deposit: Ma 5,2004
`I hereby certify that this paper or fee is being
`deposited with the United States Postal Service
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`“Express Mail" service under 37 CFR 1.10 on the
`date indicated above and is addressed to the
`Commissioner for Trademarks, 2900 Crystal Drive,
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`Arlin on, VA 22202-3513.; Box TTAB - No Fee
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`Sha u Bala BhopaleHIM
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`Opposer,
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`V.
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`DAN-DEE INTERNATIONAL, LTD.,
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`Applicant.
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`_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ._-x
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`STIPULATED MOTION TO EXTEND TESTIMONY
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`PERIOD AND RESET TRIAL DATES
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`Applicant Dan-Dee International, Ltd. and Opposer Mars, Incorporated
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`hereby jointly move to extend the remaining Testimony periods by a period of fifteen
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`(15) days: such that the Testimony period of the party in the position of the Defendant
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`will close on June 15, 2004; and the Rebuttal Testimony period for the party in the
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`position of Plaintiff will close on July 31, 2004; and to reset the subsequent briefing
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`dates accordingly. The extension is necessary due to scheduling conflicts and is .not
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`sought for purposes of delay.
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`Accordingly, subject to the Board’s approval, the new Trial dates will be:
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`Testimony period for party in position of
`Defendant to close (opening 30 days prior thereto)
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`June 15, 2004
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`Rebuttal Testimony period to close (opening
`15 days prior thereto)
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`I\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
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`Tuly 31, 2004
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`273721 .1
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`05.05-2004 .
`“KM Mail HOP
`Us. Patient 3* “"°
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`‘ D1. #22
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`‘Pi
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`Counsel to Opposer, Timothy J. Kelly, of the firm of Fitzpatrick, Cella,
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`Harper & Scinto, has consented to this motion by telephone on April 30, 2004, and a
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`Certificate of Service thereon is attached hereto.
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`Dated: May 5, 2004
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`Respectfully submitted,
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`/"x
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`Neil M.
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`‘n
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`Marc J. Jason
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`AMSTER ROTHSTEIN 8: EBENSTEIN LLP
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`90 Park Avenue
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`New York, N.Y. 10016
`Tel: (212) 336-8000
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`Attorneys for Applicant
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`273721 .1
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 5“‘ day of May 2004 a true and correct
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`copy of the foregoing STIPULATED MOTION TO EXTEND TESTIMONY PERIOD AND
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`RESET TRIAL DATE was served upon counsel for Opposer at the address set forth below,
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`by First Class Mail, postage prepaid.
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`Timothy J. Kelly, Esq.
`Fitzpatrick, Cella, Harper & Scinto
`30 Rockefeller Plaza
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`New York, N.Y. 10112
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`Ma
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`ason
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`273721 .1
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