`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`1002-2002-
`u s p
`.
`. aunt&1'MOfc/TMMaIlRcptDt.#77
`
`Opposition No. 121,490
`
`Mark: COOL ICE
`
`Application No. 75/762,481
`
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`
`STERLING SOFTWARE, INC.
`
`Opposer,
`
`vs.
`
`UNISYS CORPORATION
`
`Applicant.
`
`OPPOSER’S MOTION FOR ENTRY OF JUDGMENT UNDER 37 C.F.R.
`
`
`
`2.
`
`47‘
`
`"3;
`7:
`C7
`
`STERLING SOFTWARE, INC. (hereinafter, "Opposer") hereby moves for entry
`
`ofjudgment pursuant to 37 C.F.R. § 2.135.
`
`Applicant has filed an express abandonment of the opposed application with the
`
`United States Patent and Trademark Office, attached hereto as Exhibit A, without the written
`
`consent of Opposer. Accordingly, pursuant to 37 C.F.R. § 2.135, judgment should be entered
`
`against Applicant.
`ML
`Respectfully submitted this the
`day of October, 2002,
`By: 0
`
`Priscilla L. Dunckel
`
`Baker Botts L.L.P.
`
`2001 Ross AVe., Suite 600
`
`Dallas, Texas 75201-2980
`Tel. (214) 953-6500
`Fax. (214) 661-4899
`
`ATTORNEYS FOR OPPOSER
`
`STERLING SOFTWARE, INC.
`
`DAL0l :698797.l
`
`1
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of Opposer’s Motion for Entry of
`
`Judgment, was served on the attorneys of record for Applicant via U.S Express Mail addressed to
`
`the following on this the Q
`
`day of October, 2002:
`
`Stephanie E. Thier, Esq.
`Unisys Corporation
`MS E8-114
`
`P.O. Box 500
`
`Blue Bell, Pennsylvania 19424
`
`9
`
`owzwv
`Valerie Verret
`
`am}
`
` I hereby certify that this correspondence is
`
`
`being deposited with the United States
`Postal Service "Express Mail Post Office to
`Addressee" service under 37 C.F.R. 1.10 in
`an envelope addressed to:
`BOX TTAB NO FEE, 2900 Crystal Drive,
`Arlington,
`Virginia
`22202-3513
`on
`October 39, 2002.
`
`
`
`
`
`
`
`
`
`
`U8
`Express Mail Cert. No.
`
`
`DAL01 :698797.l
`
`
`
`
`
`EXHIBIT A
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK EXAMINING DIVISION
`
`oi-/--/T
`
`In re application of: Unisys Corporation
`Serial No.:
`75/762,481
`Filed on:
`July 28, 1999
`Mark:
`COOL ICE
`
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`1902-2002
`us,pmnt&TMotcITMMailRcmbum
`'
`‘
`
`WITHDRAWAL OF APPLICATION
`
`To the Assistant Commissioner:
`
`Pursuant to 37 C.F.R. § 2.68, Applicant expressly abandons this
`application. Note that this application is the subject of Opp. No. 91121490.
`§ 2.135.
`
`Dated: September 24, 2002
`
`Respectfully submitted,
`
`
`
`Attorney for Applicant
`Unisys Corporation
`MS E8-114
`
`P.O. Box 500
`
`Blue Bell, PA 19424
`Tel: (215) 986-2955
`Fax: (215) 986-3090
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on September 24, 2002, the foregoing
`Withdrawal of Application was served on Opposer by mailing a copy, first class
`postage prepaid, to Opposer’s counsel of record addressed as follows:
`
`Priscilla L. Dunckel
`
`Baker Botts L.L.P.
`
`2001 Ross Avenue
`
`Dallas, Texas 75201-2980
`
` S phanie E. Thier
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