`Patent and Trademark Office
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`
`
`MARC A. HUBBARD
`MUNSCH HARDT KOPF & HARR PC
`1445 ROSS AVE STE 4000
`DALLAS, TX 75202-2790
`
`Mailed:
`
`October 16, 2001
`
`Opposition No 91150163
`
`Serial No. 76123882
`
`STERLING SOFTWARE, INC.
`
`v.
`
`COOL PARTNERS, INC.
`
`Anita Nesser
`Baker Botts, L.L.P.
`2001 Ross Avenue, Suite 600
`Dallas, TX 75201-2980
`
`Eric McWilliams, Legal Assistant
`
`A notice of opposition to the registration sought in the above-
`identified application has been filed.
`A copy of the notice is
`attached.
`
`ANSWER IS DUE FORTY DAYS after the mailing date hereof.
`(See Patent
`and Trademark Rule 1.7 for expiration date falling on Saturday, Sunday
`or a holiday).
`
`Proceedings will be conducted in accordance with the Trademark Rules of
`Practice, set forth in Title 37, part 2, of the Code of Federal
`Regulations.
`The parties are reminded of the recent amendments to the
`Trademark Rules that became effective October 9, 1998.
`See Notice of
`Final Rulemaking published in the Official Gazette on September 29,
`1998 at 1214 TMOG 145.
`Slight corrections to the rules, resulting in a
`correction notice, were published in the Official Gazette on October
`20, 1998 at 1215 TMOG 64.
`A copy of the recent amendments to the
`Trademark Rules, as well as the Trademark Trial and Appeal Board Manual
`of Procedure (TBMP), is available at http://www.uspto.gov.
`
`Discovery and testimony periods are set as follows:
`
`Discovery period to open:
`
`November 5, 2001
`
`Discovery period to close:
`
`May 4, 2002
`
`
`
`30-day testimony period for party
`in position of plaintiff to close:
`
`August 2, 2002
`
`30-day testimony period for party
`in position of defendant to close:
`
`October 1, 2002
`
`15-day rebuttal testimony period
`for plaintiff to close:
`
`November 15, 2002
`
`A party must serve on the adverse party a copy of the transcript of any
`testimony taken during the party's testimony period, together with
`copies of documentary exhibits, within 30 days after completion of the
`taking of such testimony.
`See Trademark Rule 2.l25.
`
`Briefs shall be filed in accordance with Trademark Rule 2.l28(a) and
`(b).
`An oral hearing will be set only upon request filed as provided
`by Trademark Rule 2.l29.
`
`NOTE:
`The Board allows parties to utilize telephone conferences to
`discuss or resolve many interlocutory matters that arise in inter
`partes cases.
`See the Official Gazette notice titled “Permanent
`Expansion of Telephone Conferencing on Interlocutory Matters in Inter
`Partes Cases Before the Trademark Trial and Appeal Board,” 1235 TMOG 68
`(June 20, 2000).
`A hard copy of the Official Gazette containing this
`notice is available for a fee from the Superintendent of Documents,
`U.S. Government Printing Office, Washington, D.C. 20402 (Telephone
`(202) 512-1800).
`The notice is also available at http://www.uspto.gov.
`Interlocutory matters which the Board agrees to discuss or decide by
`phone conference may be decided adversely to any party which fails to
`participate.
`
`If the parties to this proceeding are also parties to other Board
`proceedings involving related marks or, during the pendency of this
`proceeding, they become parties to such proceedings, they should notify
`the Board immediately, so that the Board can consider consolidation of
`proceedings.
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