`Postal Service with sufficient postage as first-class mail in an envelope addressed to:
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`V
`
`on /0?/3/0;’
`
`Date
`
`i gnature
`
`/{G1/f/) f, /’7C’Dé’w
`
`Typed or printed name of person signing certificate
`
`Attorney File No. 440501430
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 75/827,573
`Filed on October 20. 1999
`
`For the Mark SILENT STEP
`
`Published in the ()ffic'ic1/ Gazette (T/'cru'emurk.s‘) on January 16, 2001
`
`TRUS JOIST MACMILLAN. L.P..
`
`O19P9S%T~
`
`v.
`
`SHAW INDUSTRIES GROUP. INC.. and
`
`COLUMBIA INSURANCE COMPANY
`
`Applicant.
`
`\/\/\_/\./\/\./\/\/\_/\/\/
`
`COMMISSIONER FOR TRADEMARKS
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Opposition No. 123.691
`
`CONSENTED MOTION FOR EXTENSION OF TIME
`
`Dear Madam or Sir:
`
`Applicant respectfully requests that the period for discovery in this matter be extended
`
`for sixty (60) days from December 3, 2004 through and including February 1. 2005 and further
`
`requests that the discovery and testimony periods be reset as indicated below:
`
`
`
`Period for Discovery to Close ........................... ..
`
`February 1, 2005
`
`Testimony Period for Opposer to Close .............. ..
`(opening 30 days prior thereto)
`
`April 28, 2005
`
`Testimony Period for Applicant to Close ............ ..
`(opening 30 days prior thereto)
`
`June 26, 2005
`
`Rebuttal Testimony Period to Close .................... .. August 11, 2005
`(opening 15 days prior thereto)
`
`This stipulated motion for an extension oftime is made in good faith and not for purposes
`
`of delay. The parties appear to have reached a settlement in principal. The additional time is
`
`necessary to finalize the terms of settlement, or complete discovery, if necessary. Counsel for
`
`Opposer, W. David Shenk, Esq- has consented to this extension. Via a telephone conference, on
`
`December 3, 2004.
`
`Respectfully submitted.
`
`SHAW INDUSTRIES GROUP. INC. and
`
`COLUMBIA INSURANCE COMPANY
`
`Date:
`
`/Q A E(0
`
`By:
`
`RichardVB. Biagi, Esq.
`NEAL & MCDEVITT. LLC
`1776 Ash Street
`
`Northlield. IL 60093
`
`Telephone:
`Facsimile:
`
`(847) 441-9100
`(847)441-0911
`
`A1‘IOI‘ne_v.s'fi)/‘ App/iccml
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy of the foregoing Consented Motion for
`
`Extension of Time was served this 3rd day of December 2004, by first class mail, postage
`
`prepaid, in an envelope addressed to:
`
`W. David Shenk. Esq.
`Christensen O‘Connor Johnson Kindness PLLC
`1420 Fifth Avenue
`
`Suite 2800
`
`Seattle. Washington 98104-2347
`
`/‘r%7”J\\
`Kevin J. McDevitt
`
`
`
`
`“"fl NEAL&McDEvITT°’
`
`A
`
`Kevin J. McDevitt, Esq.
`Direct Dial: 847.881.2451
`kmcdevitt@nealmcdevitt.com
`
`December 3, 2004
`
`ATTORNEY DOCKET NO: 44050.1430
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`RE:
`
`Trus Joist MacMi||an, L.P. v. Shaw Industries Group, Inc. and
`Columbia Insurance Company
`Opposition No. 123,691
`Mark: SILENT STEP — Filing Date: October 20, 1999
`Publication Date: January 16, 2001
`
`Dear Madam or Sir:
`
`Enclosed please find Applicant's Consented Motion for Extension of Time filed on behalf of
`Applicants, Shaw Industries Group, Inc. and Columbia Insurance Company.
`
`If there are any fees associated with this filing, they should be charged to Deposit Account No.
`50-0640. A duplicate copy of this letter is attached for charging purposes, if necessary.
`
`Respectfully submitted,
`
`%Mw?%
`
`Kevin J. lWcDevitt
`
`Attorney for Applicants
`
`KJM/alw
`Enclosures
`
`llllllllllllllllllllllllllllllllllllllllllllllllll
`
`1 2-06-2004
`
`u s. Patent & TMOt!:ITM Mail RcDtD
`
`t. #77
`
`I 1776 Ash Street: Northfield, Illinois 60093: 847.441.9100: Fax 847.441.0911 I www.nealmcdevitt.com
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