`
`I4
`
`,_
`
`....g
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In T36 matter of
`For the mark:
`
`U.S. Trademark Reg. No. 2,360,154
`CONTROL YOUR WORLD
`
`Date Registered:
`
`June 20 , 2000
`
`llllllllllll||l||||||||l||||||||||l|||||||l|||||||
`
`09.02.2003
`u.s. Patent 3. TM01‘cITM Mail RcptD!. #22
`
`INTERNATIONAL ELECTRONICS , INC. ,
`
`PETITIONER,
`
`V .
`
`STERLING SOFTWARE, INC. ,
`
`REGISTRANT.
`
`‘*3
`E3
`
`PETITION TO CANCEL UNDER 37 C.F.R. §2.111
`
`The Petitioner, International Electronics, Inc., is a Massachusetts corporation having a
`principal place of business at 427 Turnpike Street, Canton, ‘MA 02021.
`
`To the best of Petitioner’s knowledge, the name and address of the current owner of
`U.S. Reg. No. 2,360,154 is Sterling Software, Inc., a Delaware corporation having a principal
`place of business at 300 Cresent Court, Suite 1200, Dallas, Texas 75201.
`
`The Petitioner believes that it will be damaged by the above-identified registration, and
`
`hereby petitions to cancel the same.
`
`As grounds for cancellation, the Petitioner alleges as follows:
`
`1.
`
`Petitioner is the owner of Application Serial No. 78/293,449 filed on August
`28, 2003 for the mark “CONTROL YOUR WORLD” that recites goods of
`“Computer based access control systems comprising computer hardware such as
`controllers, entry key pads, proximity detectors, and lock sets; and software for
`use in controlling access by individuals to entry ways and devices.” (the
`“Petitioner’s Application”).
`
`On information and belief, the Registrant is no longer in business and has
`stopped and abandoned use of the mark “CONTROL YOUR WORLD” in
`connection with the goods identified in U.S. Reg. No. 2,360,154.
`
`09/08/2003 KSOMIRM 00000119 2360154
`
`01 Fl'.':6401
`
`300.00 09
`
`Page 1 of 2
`
`
`
` 3
`
`3.
`
`4.
`
`5.
`
`6.
`
`The mark sought to be registered by Petitioner’s Application, namely,
`“CONTROL YOUR WORLD,” is identical to that of U.S. Reg. No. 2,360,154
`for the mark “CONTROL YOUR WORLD.”
`
`The goods identified in Petitioner’s Application might arguably be considered
`related to the goods of U.S. Reg. No. 2,360,154.
`
`There is a substantial likelihood that Petitioner’s Application will be refused
`registration on the principal register in View of U.S. Reg. No. 2,360,154.
`
`Petitioner will be damaged if U.S. Reg. No. 2,360,154 is not cancelled from
`the principal register.
`
`Enclosed please find Check No. 1091 in the amount of $300.00 for the petition fee of
`$300.00.
`
`A duplicate copy of this petition is enclosed.
`
`Respectfully submitted,
`
`
`
`D4000.89O
`
`Page 2 of 2
`
`
`
`STEVEN N. FOX, ESQ., PC
`24 FOX Run, Unit #7
`Marshfield, MA 02050
`
`:5
`
`ii-1;
`(Voice) 7812821-8920
`(Facsimileji 1781-821-8919
`
`Government Mail Only:
`P.O. Box 251
`Canton, MA 02021
`
`\ HN5
`
`IIII!/IIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIIll!
`09-02-2003
`“'3' P‘”°"t& TMorc/TM Mail nc ,
`" °“ ‘*2
`(E—Mail) foxpatent@aol.com
`
`Patent, Trademark, and Copyright Law
`
`August 29, 2003
`
`BOX TTAB FEE
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Re:
`
`U.S. Registration No. 2,360,154
`Mark: CONTROL YOUR WORLD
`
`Date of Registration: June 20, 2000
`
`International Electronics, Inc.
`Petitioner:
`Sterling Software, Inc.
`Registrant:
`Cancellation No.: To Be Assigned
`Our Docket No.: 2003-219
`
`-1‘
`
`Sir:
`
`J
`=. _,
`
`/
`
`*-.'".'
`<37.
`
`Enclosed please find the following documents for filing with the U.S. Patent and
`Trademark Office:
`
`1.
`
`2.
`3.
`4.
`
`Petition For Cancellation Under 37 C.F.R. §2. 111;
`
`Duplicate Copy of Petition For Cancellation;
`Check No. 1091 for $300.00 for the petition fee; and
`Certificate of Mailing.
`
`If you should have any questions, please A n
`hesitate to contact me.
`
`
`St
`.
`ox
`
`or ey for Applicant
`g No. 33,237
`
`
`
`_
`
`Enclosures
`
`D4000.891
`
`‘
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