ATTORNEY DOCKET: 763515010‘!
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`in re: Trademark application of
`Stein Seal Company
`
`Serial No: 76/561,341
`
`Filed: November 21, 2003
`
`Mark: STEIN SEAL
`
`Charles N. Quinn
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 10'“ Floor
`Philadelphia, PA 19103
`Tel: 215-299-2135
`Fax: 215-299-2150
`
`Email: cguinn@foxrothschild.com
`Deposit Account: 50-1943
`
`MOTION FOR EXTENSION OF TIME IN WHICH
`TO FILE APPEAL BRIEF OR TAKE OTHER ACTION
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`This is a motion by applicant's undersigned counsel seeking a two month
`
`extension of time, until October 29, 2006, in which to file a brief and/or take
`
`other action, to the extend any action may be needed, in connection with an ex
`
`parte appeal with respect to the above-referenced pending United States
`
`trademark registration application.
`
`PH2 2670S5vI 08/21/06
`
`1
`
`08-21-2006
`U-s- Pm! W'°'=”"' W‘ “°°‘°‘- ”
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`in re: Trademark application of
`Stein Seal Company
`
`Serial No: 76/561,341
`
`Filed: November 21, 2003
`
`Mark: STEIN SEAL
`
`Charles N. Quinn
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 10'“ Floor
`Philadelphia, PA 19103
`Tel: 215-299-2135
`Fax: 215-299-2150
`
`Email: cguinn@foxrothschild.com
`Deposit Account: 50-1943
`
`MOTION FOR EXTENSION OF TIME IN WHICH
`TO FILE APPEAL BRIEF OR TAKE OTHER ACTION
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`This is a motion by applicant's undersigned counsel seeking a two month
`
`extension of time, until October 29, 2006, in which to file a brief and/or take
`
`other action, to the extend any action may be needed, in connection with an ex
`
`parte appeal with respect to the above-referenced pending United States
`
`trademark registration application.
`
`PH2 2670S5vI 08/21/06
`
`1
`
`08-21-2006
`U-s- Pm! W'°'=”"' W‘ “°°‘°‘- ”
`
`
`
`ATTORNEY DOCKET: 7635150101
`TRADEMARK
`
`It is applicant's belief that no appeal brief or other action is due or
`
`necessary until a decision has been made on the paper entitled Request to
`
`Remand to Examining Attorney and Amendment to the Recitation of Goods,
`
`dispatched to the Patent and Trademark Office on August 16, 2006.
`
`In a Communication from the Trademark Trial and Appeal Board mailed
`
`June 8, 2006, the Board stated that if the refusal of registration is maintained,
`
`the appeal proceedings would be resumed and applicant would be allowed an
`
`unstated but sufficient time to file its brief on appeal. A copy of this paper is
`
`enclosed for the Board’s convenience as Attachment A.
`
`In an abundance of caution, applicant submits this Motion for Extension
`
`of Time in Which to File Appeal Brief or take Other Action, in View of the
`
`examining attorney's comments in the paper of June 21, 2006 that “the time for
`
`appeal" runs from the date of the final rejection.
`
`The reasons for this Motion are set forth in more detail in the attached
`
`Declaration of applicant’s counsel.
`
`To the extent there is any fee required in connection with the receipt,
`
`acceptance and/or consideration of this paper and/or any accompanying
`
`papers submitted herewith, please charge all such fees to Deposit Account 50-
`
`1943.
`
`This motion is submitted in triplicate.
`
`PH2 2670551/l 08/2 l/06
`
`
`
`ATTORNEY DOCKET: 7635150101
`TRADEMARK
`
`Respectfully submitted,
`
`Date: August 21, 2006
`
`Attorney for Applicant
`
`FOX, ROTHSCHILD LLP
`2000 Market Street, 10"‘ Floor
`Philadelphia, PA 19103-3291
`Tel: 21 5-299-2135
`
`Fax: 215-299-2150
`
`email: cquinn@foxrothschild.com
`
`Certificate of Mailing Under 37 C.F.R. 1.10
`
`EXPRESSMAlLNO.:_
`
`I hereby certify that this papur . along with any paper referred to as being attached or enclosed andinr
`Inc Is bnlng deposited with the United States Postal Se:-vicu. “Exprass Mail - Past Ofiicn to
`Addrussan" snrvlcn under 37 C.F.R. 1.10. on the data indicatod below, and i
`dtiressnd as fall
`commlsslonor for Trademarks, P.O. Box 1451. Ala
`ndria. VA 22313-1451
`
`:
`
`Aug1.Is§g1 gggg
`Data of Dnposlt
`
`Signature
`
`fihgg Barag
`Type or print name of person
`
`PH2 267055vl 08/2 [/06
`
`
`
`ATTORNEY DOCKET: 7635150101
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Stein Seal Company
`
`Serial No: 76/561,341
`
`Filed: November 21, 2003
`
`Mark: STEIN SEAL
`
`Charles N. Quinn
`
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 1. 0"‘ Floor
`Philadelphia, PA l9103
`Tel: 215-299-2135
`Fax: 215-299-2150
`
`Email: cguir1n@foxrothschi.ld.com
`Deposit Account: 50-1943
`
`MOTION FOR EXTENSION OF TIME IN WHICH
`
`TO FILE APPEAL BRIEF OR TAKE OTHER ACTION
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`This is a motion by applicant's undersigned counsel seeking a two month
`
`extension of time, until October 29, 2006, in which to file a brief and/or take
`
`other action, to the extend any action may be needed. in connection with an ex
`
`parte appeal with respect to the above-referenced pending United States
`
`trademark registration application.
`
`PH2 267055vl 08/21/06
`
`
`
`ATTORNEY DOCKET: 76351 .50101
`TRADEMARK
`
`It is applicant's belief that no appeal brief or other action is due or
`
`necessary until a decision has been made on the paper entitled Request to
`
`Remand to Examining Attorney and Amendment to the Recitation of Goods,
`
`dispatched to the Patent and Trademark Office on August 16, 2006.
`
`in a Communication from the Trademark Trial and Appeal Board mailed
`
`June 8, 2006, the Board stated that if the refusal of registration is maintained,
`
`the appeal proceedings would be resumed and applicant would be allowed an
`
`unstated but sufficient time to file its brief on appeal. A copy of this paper is
`
`enclosed for the Board's convenience as Attachment A.
`
`In an abundance of caution, applicant submits this Motion for Extension
`
`of Time in which to File Appeal Brief or take Other Action, in Vl€W of the
`
`examining attorney's comments in the paper of June 21, 2006 that “the time for
`
`appeal" runs from the date of the final rejection.
`
`The reasons for this Motion are set forth in more detail in the attached
`
`Declaration of applicant's counsel.
`
`To the extent there is any fee required in connection with the receipt,
`
`acceptance and/or consideration of this paper and/or any accompanying
`
`papers submitted herewith, please charge all such fees to Deposit Account 50-
`
`1943.
`
`This motion is submitted in triplicate.
`
`PH2 26'/'055vl 08/21/O6
`
`
`
`ATTORNEY DOCKET: 76351 .50101
`TRADEMARK
`
`Respectfully submitted,
`
`Date: August 2]., 2006
`
`Attorney for Applicant
`
`FOX, ROTHSCI-IILD LLP
`2000 Market Street, 10* Floor
`Philadelphia, PA 19103-3291
`Tel: 215-299-2135
`
`Fax: 215-299-2150
`
`email: cqttinnfflfoxrothschjld.c0m
`
`Certificate of Mailing Under 37 C.F.R. 1.10
`
`ExPRt'-:$sMAILNO.:*
`
`I hereby certify that thls paper . along wlth any papa! refrred to as being attached or unclosnd andlor
`tee ls being deposttud with the United State: Postal Service, "Express Mall - Past Otttce to
`Addresses" service under 37 C.F.R. 1.10, on the data Indicated below. and i
`ddressed as toll
`Carnmlssloner for Trademarks. P.0. Box 1451, Ala
`ndrta. VA 22313-1451
`
`s:
`
`August 21 2006
`Date of Daposlt
`
`Slgnatura
`
`3herg Barag
`Type or print name of person
`
`PH2 267055vl O8/21/06
`
`
`
`ATTORNEY DOCKET: 76351 .501 D1
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Stein Seal Company
`
`Serial No: 76/561,341
`
`Filed: November 2], 2003
`
`Mark: STEIN SEAL
`
`Charles N. Quinn
`
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 10"‘ Floor
`Philadelphia, PA 19103
`Tel: 215-299-2135
`
`Fax: 215-299-2150
`
`Email: cguinn@f'oxrothschild.com
`Deposit Account: 50-1943
`
`MOTION FOR EXTENSION OF TIME IN WHICH
`
`TO FILE APPEAL BRIEF OR TAKE OTHER ACTION
`
`Commissioner for Trademarks
`R0. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`This is a motion by applicant's undersigned counsel seeking a two month
`
`extension of time, until October 29, 2006, in which to file a brief and/or take
`
`other action, to the extend any action maybe needed, in connection with an ex
`
`parte appeal with respect to the above—referenced pending United States
`
`traclemark registration application.
`
`PH2 267055vl 08/21/06
`
`
`
`ATTORNEY DOCKET: 7635150101
`TRADEMARK
`
`It is app1icant’s belief that no appeal brief or other action is due or
`
`necessary until a decision has been made on the paper entitled Request to
`
`Remand to Examining Attorney and Amendment to the Recitation of Goods,
`
`dispatched to the Patent and Trademark Office on August 16, 2006.
`
`Ln a Communication from the Trademark Trial and Appeal Board mailed
`
`June 8, 2006, the Board stated that if the refusal of registration is maintained,
`
`the appeal proceedings would be resumed and applicant would be allowed an
`
`unstated but sufficient time to file its brief on appeal. A copy of this paper is
`
`enclosed for the Board’s convenience as Attachment A.
`
`in an abundance of caution, applicant submits this Motion for Extension
`
`of Time in which to File Appeal Brief or take Other Action, in View of the
`
`examining attorney’s comments in the paper of June 21, 2006 that “the time for
`
`appeal" runs from the date of the final rejection.
`
`The reasons for this Motion are set forth in more detail in the attached
`
`Declaration of applicant’s counsel.
`
`To the extent there is any fee required in connection with the receipt,
`
`acceptance and/or consideration of this paper and/or any accompanying
`
`papers submitted herewith, please charge all such fees to Deposit Account 50»
`
`1943.
`
`This motion is submitted in triplicate.
`
`PH2 26'/'055vl 08/21/06
`
`
`
`ATTORNEY DOCKET: 76351 .50101
`TRADEMARK
`
`Respectfully submitted,
`
`Date: August 21, 2006
`
`Attorney for Applicant
`
`FOX, ROTHSCHILD LLP
`2000 Market Street, 10"‘ Floor
`Philadelphia, PA 19103-3291
`Tel: 215-299-2135
`
`Fax: 215-299-2150
`
`email: cquirm@f0xrothschild.c0m
`
`Certificate of Maifing Under 37 C.F.R. 1.10
`
`EXPRESSMAlLNO.:_
`
`I hereby certlly that this paper . along wlth any papnr refarred to as being attached or enclosed andlor
`fee Is being deposlted wlth the Untied Slates Pasta! Servlce, "Express Mail - Post Office to
`Addrcssaa" servlce under 37 C.F.R. 1.10, on the data Indicated below. and I
`ddrassed as tell
`5:
`Comrnlssloner for Trademarks, PO. Box 1451, Ala
`ndria, VA 22313-1451
`
`August 2], 2906
`Data of Deposit
`
`Signature
`
`Shargg Barag
`Type or print name of person
`
`PH2 267055vI 0812 1/06
`
`
`
`ATTACHMENT A
`
`
`
`0‘
`
`65 ‘
`
`$6 ‘
`
`.
`
`RECEIVED
`IP GROUP
`
`JUN 1 9 2035
`
`(3
`
`l'O!(ROTH8CHILD LLP
`
`United States Patent and Trademark Office
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Mailed:
`June a, 2006
`In re Stein Seal Company
`Serial No. 76561341
`
`Filed: 11/21/2003
`
`CHARLES N QUINN
`FOX ROTI-ISCHILD LLP
`2000 MARKET ST 10TH FL
`PHILADELPHIA, PA 19103-3291
`
`Tina Craven, Paralegal Specialist:
`
`
`
`Applicant's request to divide was granted by the Intent
`
`to Use Divisional/Unit. Application Serial No. 76561341 has
`
`been designated as the “parent case”, while the newly
`
`created “child” case, application Serial No, 76977669, has
`
`been forwarded for further processing towards issuance into
`
`a registration.
`
`On July 28, 2005,
`
`the Board acknowledged applicant’s
`
`notice of appeal, request to divide, and request for
`
`reconsideration.
`
`Proceedings were suspended pending the
`
`request to divide.
`
`The request for reconsideration requires consideration
`
`by the Trademark Examining Attorney.
`
`The appeal is
`
`instituted, but action on it is suspended and the file is
`
`herewith remanded to the Examining Attorney.
`
`
`
`In the e.-nt registrability is found an the basis of
`
`this paper,
`
`the appeal will be moot and the Board should be
`
`so informed.
`
`In the event the refusal of registration is
`
`maintained,
`
`the file should be returned to the Trademark
`
`Trial and Appeal Board, proceedings will be resumed and
`
`applicant will be allowed time in which to file its brief on
`
`appeal.
`
`
`
`ATTORNEY DOCKET: 7635150101
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Stein Seal Company
`
`Serial No: 76/561,341
`
`Filed: November 21, 2003
`
`Mark: STEIN SEAL
`
`Charles N. Quinn
`
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 10"‘ Floor
`Philadelphia, PA 19103
`Tel: 215-299-2135
`Fax: 215-299-2150
`
`Email: cguinn@foxrothschild.com
`Deposit Account: 50-1943
`
`DECLARATION OF CHARLES N. QUINN
`
`Commissioner for Trademarks
`
`PO. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`1, Charles N. Quinn, hereby declare that I am a citizen of the United
`
`States, residing at 419 Bowen Drive, Exton, Pennsylvania, 19341, a partner in
`
`the law firm of Fox Rothschild LLP having my principal office at 2000 Market
`
`Street, Tenth Floor, Philadelphia, PA 19103-3291, a member in good standing of
`
`the Bar of the Supreme Court of the Commonwealth of Pennsylvania holding
`
`registration number 17,603 therein, admitted in good standing to practice in
`
`patent matters before the United States Patent and Trademark Office and
`
`PH2 267056vl 08/21/06
`
`1
`
`
`
`ATTORNEY DOCKET: 76351 .50101
`TRADEMARK
`
`holding registration number 27,223 therein, and am the attorney of record for
`
`the applicant on the above-referenced trademark registration application.
`
`lam currently involved in representing the plaintiff in a large patent and
`
`trademark infringement action pending in the United States District Court for
`
`the Southern District of Ohio in Dayton, Ohio; the case is Maguire Products, Inc.
`
`v. Comet Automation Systems, Inc., civil action C-3-03-198.
`
`I am also representing the defendant in a trademark infringement action
`
`pending in the United States District Court for the Eastern District of
`
`Pennsylvania; the case is Factory Mutual Insurance Company and FM Global
`
`Technologies LLC v. Westlake Plastics Company, Inc., Civil Action No. 05-6710.
`
`1 am also serving as an expert for the plaintiff in a patent infringement
`
`action pending in the United States District Court for the District of
`
`Massachusetts; the case is Image Therm Engineering, Inc. v. InnovaSystems, Inc.,
`
`Civil Action 05-CA—1-4244-REK.
`
`As a result of these matters and my other responsibilities in this office, I
`
`need additional time in which to prepare an appeal brief for this application or
`
`to take other action for this application. Accordingly, I respectfully request a
`
`grant of a two-month extension of time for the same.
`
`I hereby declare that all statements made herein are true and that all
`
`statements made herein on information and belief are believed to be true and
`
`further that I realize that false statements and the like so made herein are
`
`punishable by fine, or imprisonment or both, under 18 USC 1001, and further
`
`PH2 267056vl 08/21/06
`
`
`
`qr
`
`ATTORNEY DOCKET: 76351 .50101
`
`TRADEMARK
`
`may jeopardize the validity and enforceability of any registration to issue from
`
`the instant application.
`
`To the extent there is any fee required in connection with the receipt,
`
`acceptance and/or consideration of declaration and/or any accompanying
`
`papers submitted herewith, please charge all such fees to Deposit Account 50-
`
`1943.
`
`Date:
`
`Respectfully submitted,
`
`August 21, 2006
`
`Attorney for Applicant
`
`Fox Rothschild LLP
`
`2000 Market Street, 10'“ Floor
`Philadelphia, PA 19103-3291
`Tel: (215) 299-2135
`email: cquinn@foxrothschild.com
`
`Certlficate of Mailing Under 37 C.F.R. 1.10
`
`EXPRESS MAIL no; _ EV5922D8042US
`
`i hareby cerllfy that this paper. along with any paper referred to as belng attached or enclosed andfor
`fee Is being deposited wllh the United States Postal Servlce, "Express Mall — P051 crmcn to
`Addressed" servlco under 37 C.F.R. 1.10. on the data indicated below, and is addressed to the
`Commissioner for Trademarks. P.O. Box 1451. Alexandr1a.VA 22313-1
`1
`
`Type or prim name of person
`
`August 21, gm
`Data ol Depasll
`
`Slgnalure
`
` j
`
`PH2 26'/056v! O8/21/06
`
`
`
`ATTORNEY DOCKET: 9216967201
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Westlake Plastics Company
`
`Serial No: 76/392,812
`
`Filed: April 8, 2002
`
`Mark: 4910
`
`Charles N. Quinn
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 10"‘ Floor
`Philadelphia, PA 19103
`Tel: 215—299—2].3S
`Fax: 21 5299-2150
`
`Email: cgui.nn@foxrothschild.com
`Deposit Account: 50-1943
`
`MOTION FOR EXTENSION OF TIME IN WHICH
`
`TO FILE APPEAL BRIEF OR TAKE OTHER ACTION
`
`Commissioner for Trademarks
`PO. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`This is a motion by app1icant’s undersigned counsel seeking a two month
`
`extension of time, until October 28, 2006, in which to file a brief and/ or take
`
`other action in connection with a11 ex parte appeal with respect to the above-
`
`referenced pending United States trademark registration application.
`
`PH2 267046vl 08/21/06
`
`Illlliilllllllllllllllllllllllllllllllllllllllllll
`
`08-21-2006
`u.s. Puma. morcnm Mall H9910!‘ 1‘
`
`
`
`ATTORNEY DOCKET: 9216967201
`TRADEMARK
`
`A Communication from the Trademark Trial and Appeal Board mailed
`
`July 18, 2006 acknowledged the request for extension of time filed June 20,
`
`2006, and set the date for response as August 28, 2006.
`
`The reasons for this Motion are set forth in more detail in the attached
`
`Declaration of applicant’s counsel.
`
`To the extent there is any fee required in connection with the receipt,
`
`acceptance and/or consideration of this paper and/or any accompanying
`
`papers submitted herewith, please charge all such fees to Deposit Account 50-
`
`1943.
`
`This motion is submitted in triplicate.
`
`Respectfully submitted,
`
`Date: August 21, 2006
`
`FOX, ROTHSCHILD LLP
`2000 Market Street, 10"‘ Floor
`Philadelphia, PA 19103-3291
`Tel: 215-299-2135
`
`Fax: 215-299-2150
`
`email: cquinn@foxrothschild.com
`
`Certificate of Mailing Under 37 C.F.R. 1.10
`
`iEV5‘lEEOfi03'fiUS
`
`1 hereby cerilfy that thls paper . along with any papnr referred to as bclng attached or nnclosad andfor
`fun is balng deposited with the United States Postal Service, “Express Mail - Post Office to
`Addrasseo" sorvlce under 37 C.F.R. 1.10, on the data lndlc.-stud below, and In addrassed as follows:
`Commisslonar for Trademarks, F'.0. Box 1451. AI
`andria. VA 22313-1
`
`\
`
`._g.:,
`
`I
`
`'
`
`I
`
`'
`
`A
`
`
`Type or print name of person
`
`Augu§121,2OD§
`Data of Deposit
`
`Slgnalum
`
`Shara: Barag
`
`PH2 267046vl 08/21/06
`
`
`
`ATTORNEY DOCKET: 9216967201
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Westlake Plastics Company
`
`Serial No: 76/392,812
`
`Filed: April 8, 2002
`
`Mark: 4910
`
`Charles N. Quinn
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 10"‘ Floor
`Philadelphia, PA 1.91.03
`Tel: 2fl.5-29921.35
`Fax: 215-2992 .150
`Email: cgu.inn@foxrothscbild.com
`Deposit Account: 50-1943
`
`MOTION FOR EXTENSION OF TIME IN WHICH
`TO FILE APPEAL BRIEF OR TAKE OTHER ACTION
`
`Commissioner for Trademarks
`PO. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`This is a motion by applicant's undersigned counsel seeking a two month
`
`extension of time, until October 28, 2006, in which to file a brief and/or take
`
`other action in connection with an ex parte appeal with respect to the above-
`
`referenced pending United States trademark registration application.
`
`PH2 26'/'046vl 08/21/06
`
`
`
`ATTORNEY DOCKET: 921 69.67201
`TRADEMARK
`
`A Communication from the Trademark Trial and Appeal. Board mailed
`
`July 18, 2006 acknowledged the request for extension of time filed June 20,
`
`2006, and set the date for response as August 28, 2006.
`
`The reasons for this Motion are set forth in more detail in the attached
`
`Declaration of applicant’s counsel.
`
`To the extent there is any fee required in connection with the receipt,
`
`acceptance and/or consideration of this paper and/or any accompanying
`
`papers submitted
`
`herewith, please charge all such fees to Deposit Accounts 50-
`
`1943.
`
`This motion is submitted in triplicate.
`
`Respectfully submitted,
`
`
`
`Date: August 21, 2006
`
`FOX, ROTHSCHILD LLP
`2000 Market Street, 10”‘ Floor
`Philadelphia, PA 19103-3291
`Tel: 215-299-2135
`
`Fax: 215-299-2150
`email: cquinn@f0xrothschildcoin
`
`Certificate of Mailing Under 37 C.F.R.1.10
`
`EXPRESS MAIL NO.: _ _
`
`
`
`EV5"lEEEIEnEl3"lUS
`
` I hereby certify that this paper . along with any papor rniamad In as being attached or unclosad andlor
`fan Is belng deposltad wllh the Unlted Status Postal Service, "Express Mal! - Post Offlce to
`Addmssee" service under 37 C.F.R. 1.10, on the data indicated below. and Is addressed as follows:
`
`Commissioner for Trademarks, P.0. Box 1451, AI
`andria, VA 22313-1
`August 21 2996
`Data of Deposit
`
`Signature
`5 harg Barag
`Type or print name of person
`
`
`PH2 267046vl 08/21/05
`
`
`
`
`
`ATTORNEY DOCKET: 92169.67201
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Westlake Plastics Company
`
`Serial No: 76/392,812
`
`Filed: April 8, 2002
`
`Mark: 4910
`
`Charles N. Quinn
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 10"‘ Floor
`Philadelphia, PA 19103
`Tel: 215-299-2135
`Fax: 215-299-2150
`
`Email: cguinn@foxrothschild.eom
`Deposit Account: 50-1943
`
`MOTION FOR EXTENSION OF TIME IN WHICH
`TO FILE APPEAL BRIEF OR TAKE OTHER ACTION
`
`Commissioner for Trademarks
`PO. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`This is a motion by applicant's undersigned counsel seeking a two month
`
`extension of time, until October 28, 2006, in which to file a brief and/or take
`
`other action in connection with an ex parte appeal with res_pect to the above-
`
`referenced pending United States trademark registration application.
`
`PH2 267046vl O8/21/06
`
`
`
`ATTORNEY DOCKET: 9216967201
`TRADEMARK
`
`A Communication from the Trademark Trial and Appeal. Board mailed
`
`July 18, 2006 acknowledged the request for extension of time filed June 20,
`
`2006, and set the date for response as August 28, 2006.
`
`The reasons for this Motion are set forth in more detail in the attached
`
`Declaration of app1icant’s counsel.
`
`To the extent there is any fee required in connection with the receipt,
`
`acceptance and/or consideration of this paper and/or any accompanying
`
`papers submitted.
`
`herewith, please charge all such fees to Deposit Account 50-
`
`1943.
`
`This motion is submitted in triplicate.
`
`Respectfully submitted,
`
`
`
`Date: August 21, 2006
`
`FOX, ROTHSCHILD LLP
`2000 Market Street, 10'“ Floor
`Philadelphia, PA 19103-3291
`Tel: 215-299-2.1.35
`
`Fax: 215—299~2.lS0
`
`email: cquinn@foxrothschildcom
`
`Certificate of Mailing Under 37 C.F.R. 1.10
`
`
`
`EXPRESS MAIL N0.: _ _
`
`EV5“lEEUEuE|3'=lUS
`
`
` I hereby certlty that this paper _ along with any paper referred to as being attached or enclosed andlor
`fee is being deposited with the United States Postal Service, "Express Mail - Post Otllco to
`Addressee" service under 37 C.F.R. 1.10, on the date indicated below. and is addressed as lollowsr
`Commissioner1arTrndernark5, P.O. Box 1451. Al
`andtla, VA 22313-1
`August 21 2006
`Date of Deposit
`
`
`
`
`
`
`
`Signature
`gherg Barag
`Type or print name of person
`
`
`PH2 267046vl 08/21/06
`
`
`
`ATTORNEY DOCKET: 92169.67201
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Trademark application of
`Westlake Plastics Company
`
`Serial No: 76/392,812
`
`Filed: April 8, 2002
`
`Mark: 4910
`
`Charles N. Quinn
`Reg. No. 27,223
`Fox Rothschild LLP
`
`2000 Market Street, 1.0“‘ Floor
`Philadelphia. PA 19103
`Tel: 215-299-2135
`Fax: 215-299-2150
`
`Email: cguinn@foxrothschi1d.com
`Deposit Account: S0-1.943
`
`DECLARATION OF CHARLES N. QUINN
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Sir:
`
`1, Charles N. Quinn, hereby declare that I am a Citizen of the United
`
`States, residing at 419 Bowen Drive, Exton, Pennsylvania, 19341, a partner in
`
`the law firm of Fox Rothschild LLP having my principal office at 2000 Market
`
`Street, Tenth Floor, Philadelphia, PA 19103-3291, a member in good standing of
`
`the Bar of the Supreme Court of the Commonwealth of Pennsylvania holding
`
`registration number 17,603 therein, admitted in good standing to practice in
`
`patent matters before the United States Patent and Trademark Office and
`
`PI-I2 267050vl 08/21/06
`
`1
`
`
`
`I
`
`ATTORNEY DOCKET: 92169.67201
`TRADEMARK
`
`holding registration number 27,223 therein, and am the attorney of record for
`
`the applicant on the above-referenced trademark registration application.
`
`I am currently involved in representing the plaintiff in a large patent and
`
`trademark infringement action pending in the United States District Court for
`
`the Southern District of Ohio in Dayton, Ohio; the case is Maguire Products, Inc.
`
`v. Cornet Automation Systems, Inc., civil action 03-03-198.
`
`1 am also representing the defendant in a trademark infringement action
`
`pending in the United States District Court for the Eastern District of
`
`Pennsylvania; the case is Factory Mutual Insurance Company and FM Global
`
`Technologies LLC v. Westlake Plastics Company, Inc., Civil Action No. 05-6710.
`
`1 am also serving as an expert for the plaintiff in a patent infringement
`
`action pending in the United States District Court for the District of
`
`Massachusetts; the case is Image Therm Engineering, Inc. v. InnovaSystems, Inc.,
`
`Civil Action 05-CA-14244-REK.
`
`As a result of these matters and my other responsibilities in this office, I
`
`need additional time in which to prepare an appeal brief for this application or
`
`to take other action for this application. Accordingly, I respectfully request a
`
`grant of a two-month extension of time for the same.
`
`I hereby declare that all statements made herein are true and that all
`
`statements made herein on information and belief are believed to be true and
`
`further that I realize that false statements and the like so made herein are
`
`punishable by fine, or imprisonment or both, under 18 USC 1001, and further
`
`PH2 267050vl 08/21/06
`
`
`
`ATTORNEY DOCKET: 92169.67201
`TRADEMARK
`
`may jeopardize the Validity and enforceability of any registration to issue from
`
`the instant application.
`
`To the extent there is any fee required in connection with the receipt,
`
`acceptance and/or consideration of declaration and/or any accompanying
`
`papers submitted herewith, please charge all such fees to Deposit Account 50
`
`1943.
`
`Respectfully submitted,
`
`
`
`________________ __
`Charles N. Quinn
`Attorney for Applic
`
`CNO
`
`Date:
`
`August 21, 2006
`
`Fox Rothschild LLP
`
`2000 Market Street, 10“‘ Floor
`Philadelphia. PA 19103-3291
`Tel: (215) 299-2135
`email: cquinn@foxrothschi1d.corn
`
`Certificate of Mailing Under 37 C.F.R. 1.10
`
`EXPRESS MAIL no.: _ EV592203U39US
`
`t hereby cartlly that this paper, along with any paper mforred to as being attached or enclosed andior
`fee is being dupoaitnd with the United States Postal Service, "Express Mail - Post Otflcn to
`Addresses" service under 3? C.F.R. 1.10, on the data indicated below, and is addressed to the
`Commissioner for Tmdemarits. P.O. Box 14
`.Aloxandria. VA 223
`1451
`
`Augugt 21 ZOOQ
`Date of Deposit
`
`Signatu
`She
`Bara
`Type or print name of person
`
`Pi-I2 267050v] 08/2 i/06
`
`
`
`I K KE Ngrn N
`K E N Y D N
`L L P
`Intellectual Property Law
`
`’ 7‘
`
`7
`
`A '7“ “‘ ““ ‘é.litLi'2o“::2“$3f:;7%
`wmerone@kenyon.com
`1500 K Street, NW
`Washington DC 200054257
`202.220.4200
`Fax 202.220.4201
`
`August 22, 2006
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being deposited with the United
`States Postal Service as first class mail in an envelope addressed to:
`Commis I0
`r for Trademarks, PO. Box 1451, Arlington, VA 22315-I451
`I
`
`Date
`
`William M. Merone
`
`8 /2: [06
`
`Re:
`
`AMENDMENTS TO SEEK CONCURRENT USE REGISTRATIONS
`
`75/771,362
`:
`Application No.
`K-LOVE
`:
`Mark
`A licant
`:
`Educational Media Foundation
`
`
`Application No.
`Mark
`Applicant
`
`Application No.
`Mark
`
`Applicant
`
`Application No.
`Mark
`Applicant
`
`:
`:
`:
`
`1
`:
`
`:
`
`:
`:
`:
`
`78/159,861
`KLOVE & Design
`Univision Radio, Inc.
`
`76/525,622
`KLOVE
`
`Univision Radio, Inc.
`
`76/525,621
`KLOVE & Design
`Univision Radio, Inc.
`
`Dear Madam:
`
`Enclosed for filing, please find copies of a joint submission by Educational Media Foundation
`and Univision Radio, Inc. to amend their four pending applications to seek concurrent rights in
`the KLOVE (or K-LOVE) mark. A copy has also been filed with the Trademark Trial and Appeal
`Board in connection with Opposition No. 91/122,045 (which involves Serial No. 75/430,440) and
`Cancellation No. 92/042,649 (involving Reg. No. 2,326,583).
`
`Should any fees be required for this filing, please charge them to Deposit Account No. 11-0600
`(Ref: 11136-41). A duplicate copy of this letter is enclosed for that purpose.
`
`New York Washington, DC
`
`Silicon Valley www.kenyon.cOm
`
`
`
`August 22, 2006
`
`Page 2
`
`I K
`
`Kindly call if you have any questions or concerns.
`
`Best Regards,
`
`KENYON 3: KENYON LLP
`
`42¢!/(~—~——
`
`By: William M. Merone
`
`Enclosure
`
`cc:
`
`Edward T. Colbert
`KENYON & KENYON LLP
`
`Jorge Arciniega
`Rami S. Yanni
`MCDERMOTT WlLL & EMERY LLP
`
`2049 Century Park East, Suite 3400
`Los Angeles. CA 9006?
`
`Rebecca Borden
`Kaz A. Tanakh
`
`CBS RADIO, INC.
`51 West 52nd Street #31-15 (CBS Legal)
`New York. NY 10019
`
`
`
`g:::€ogT2gg.r:2n7eo
`
`wmerone@kenyon.corn
`
`\1A?::h::§t::eBgV:O005_1257
`202.220.4200
`Fax 202.220.4201
`
`
`
`I K K E N&Y D N
`
`
`
`K E N Y D N
`L L F‘
`Intellectual Property Law
`
`August 221 2006
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being deposited with the United
`States Postal Service as first class mail in an envelope addressed to:
`Commis o
`r for Trademarks, P.0. Box 1451, Arlington, VA 22315-1451
`A
`
`Alexandria, VA 22313-1451
`
`Commissioner for Trademarks
`P.O. BOX 1451
`
`I
`William M. Merone
`
`8 /2: [(1,
`Date
`
`Re:
`
`AMENDMENTS TO SEEK CONCURRENT USE REGISTRATIONS
`
`Application No.
`Mark
`Applicant
`
`Application No.
`Mark
`Applicant
`
`Application No.
`Mark
`Applicant
`
`Application No.
`Mark
`Applicant
`
`:
`:
`:
`
`:
`:
`:
`
`:
`:
`:
`
`:
`:
`:
`
`75I771,362
`K-LOVE
`Educational Media Foundation
`
`78/159,861
`KLOVE 8. Design
`Univision Radio, Inc.
`
`76/525,622
`KLOVE
`Univision Radio, Inc.
`
`76/525,621
`KLOVE 8. Design
`Univision Radio, Inc.
`
`Dear Madam:
`
`Enclosed for filing, please find copies of a joint submission by Educational Media Foundation
`and Univision Radio, Inc. to amend their four pending applications to seek concurrent rights in
`the KLOVE (or K-LOVE) mark. A copy has also been filed with the Trademark Trial and Appeal
`Board in connection with Opposition No. 91l122,045 (which involves Serial No. 75/430,440) and
`Cancellation No. 921042649 (involving Reg. No. 2,326,583)
`
`Should any fees be required for this filing, please charge them to Deposit Account No. 11-0600
`(Ref: 11136-41). A duplicate copy of this letter is enclosed for that purpose.
`
`New York Washington. DC
`
`Silicon Valley www.kenyon.com
`
`
`
`August 22, 2006
`Page 2
`
`
`|{(
`
`Kindly call if you have any questions or concerns.
`
`Best Regards,
`
`KENYON & KENYON LLP
`
`a2é%——»-——
`
`By: William M. Merone
`
`Enclosure
`
`cc:
`
`Edward T. Colbert
`KENYON & KENYON LLP
`
`Jorge Arciniega
`Rami S. Yanni
`
`MCDERMOTT WILL 8: EMERY LLP
`
`2049 Century Park East, Suite 3400
`Los Angeles, CA 9006?
`
`Rebecca Borden
`Kaz A. Tanakh
`
`CBS RADIO, INC.
`51 West 52nd Street #31-15 (CBS Legal)
`New York, NY 10019
`
`
`
` I {(KEN&YC| N
`
`KENYCJN
`LLF’
`
`
`
`Intellectual Property Law
`
`August 22, 2006
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`William M. Merone
`Direct 202.220.4270
`wmerone@kenyon.com
`
`1500KStreet'N\N
`Washington, DC 200054257
`202.220.4200
`Fax 202.220.4201
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being deposited with the United
`States Postal Service as first class mail in an envelope addressed to:
`Commis 10
`r for Trademarks, P.O. Box 145], Arlington, VA 22315-1451
`
`
`
`William M. Merone
`
`8 /2: [06
`Date
`
`Re:
`
`AMENDMENTS TO SEEK CONCURRENT USE REGISTRATIONS
`
`Application No.
`Mark
`
`Applicant
`
`Application No.
`Mark
`Applicant
`
`Application No.
`Mark
`
`Applicant
`
`Application No.
`Mark
`Applicant
`
`.
`:
`
`:
`
`.
`:
`:
`
`.
`:
`
`:
`
`.
`:
`:
`
`75/771,362
`K-LOVE
`
`Educational Media Foundation
`
`78l159,861
`KLOVE & Design
`Univision Radio, Inc.
`
`76I525,622
`KLOVE
`
`Univision Radio, Inc.
`
`i
`76/525,621
`KLOVE 8. Design
`Univision Radio, Inc.
`
`Dear Madam:
`
`Enclosed for filing, please find copies of a joint submission by Educational Media Foundation
`and Univision Radio, Inc. to amend their four pending applications to seek concurrent rights in
`the KLOVE (or K-LOVE) mark. A copy has also been filed with the Trademark Trial and Appeal
`Board in connection with Opposition No. 91l122,045 (which involves Serial No. 75/430,440) and
`Cancellation No. 92/042,649 (involving Reg. No. 2,326,583).
`
`Should any fees be required for this filing, please charge them to Deposit Account No. 11-0600
`(Ref: 11136-41). A duplicate copy of this letter is enclosed for that purpose.
`
`New York Washington, DC
`
`Silicon Valley www.kenyon.com
`
`
`
`August 22, 2006
`|{(
`Page 2
`
`Kindly call if you have any questions or concerns.
`
`Best Regards,
`
`KENYON 8. KENYON LLP
`
`ajéflr-~——
`
`By: William M. Merone
`
`Enclosure
`
`cc:
`
`Edward T. Colbert
`KENYON 8. KENYON LLP
`
`Jorge Arciniega
`Rami S. Yanni
`
`MCDERMOTT WILL 8. EMERY LLP
`
`2049 Century Park East, Suite 3400
`Los Angeles, CA 90067
`
`Rebecca Borden
`Kaz A. Tanakh
`
`CBS RADIO, INC.
`51 West 52nd Street #31-15 (CBS Legal)
`New York, NY 10019
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.: 91/122,045
`
`Mark: KLOVE
`
`Serial No.: 75/430,440
`Filing Date: February 6, 1998
`
`Cancellation No.: 92/042,649
`
`Mark: KLUV
`
`Reg. No.: 2,326,583
`Filing Date: April 20, 1999
`Issue Date: March 7, 2000
`
`Mark: K-LOVE
`
`Filing Date: August 9, 1999
`
`Mark: KLOVE & Design
`Filing Date: April 30, 2002
`
`Mark: KLOVE
`
`Filing Date: June 18, 2003
`
`Mark: KLOVE & Design
`Filing Date: June 18, 2003
`
`
`
`EDUCATIONAL MED
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