`Will&Emery
`
`
`
`Boston Brussels Chicago Diisseldofl London Los Angeles Miami Milan
`Munich New York Orange County Rome San Diego Silicon Valley Washington, D.C.
`
`_.
`
`October 5, 2005
`
`ATTORNEY DOCKET NO.: 044033-0214
`
`BY HAND
`TRADEMARK TRIAL AND APPEAL BOARD
`Trademark Assistance Center
`James Madison Building - East Wing
`Concourse Level, 600 Dulany Street
`Alexandria, Virginia 22313—1451
`
`TTAB
`
`John J. Dabney
`Aflomel’ at Law
`jdabney@mwe.com
`
`202.756.8343
`
`A
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`‘($53)
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`
`Re:
`
`Consented Motion To Extend Time To File Notice Of Opposition
`
`Dear Sir:
`
`Enclosed please find a Consented Motion To Extend Time To File Notice Of Opposition (in
`triplicate) regarding Application Serial No. 78/449,248 in connection with the mark CTl.
`
`If there are any fees associated with this filing they should be charged to Deposit Account No.
`500417. A copy of this letter is attached for charging purposes.
`
`
`
`JJD/ML
`Enclosur s
`
`Cell Therapeutics, Inc. (with enclosures)
`cc:
`WDC99 1143864-1.044033.02l4
`
`Humiiiiiiiimihhiiihiiiii‘T
`
`10-O5-2005
`U S, aatenta TMOl'C/TM Mail Rpm DL #1‘
`
`U.S. practice conducted through McDermott Will & Emery LLP.
`600 Thirteenth Street. N.W. Washington, D.C. 20005-3096 Telephone: 202.756.8000 Facsimile: 202.756.8087 www.mwe.com
`
`
`
`I-3
`
`ATTORNEY DOCKET NO: 044033-0214
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`-
`-
`||||llll||||Illll||lll|||||||ll|||||l|||||||lll|||
`
`10_05_2005
`U_s_,,,,mWo,,,,M Manwm. #11
`
`)
`)
`
`) )
`
`CELL THERAPEUTICS, INC.,
`‘
`
`Potential Opposer,
`
`V.
`
`) Opposition No.
`)
`
`) )
`
`) )
`
`CRITICAL THERAPEUTICS, INC.,
`
`Applicant.
`
`TRADEMARK TRIAL AND APPEAL BOARD
`Trademark Assistance Center
`James Madison Building - East Wing
`Concourse Level
`600 Dulany Street
`Alexandria, Virginia 22313-1451
`
`Re:
`
`Application No.: 78/449,248
`MARK: CT1
`
`Applicant: Critical Therapeutics, Inc.
`Filed:
`July 12, 2004
`Published: June 7, 2005
`International Class: 5
`
`For: Anti-inflammatory pharmaceutical products for the treatment of asthma
`
`CONSENTED MOTION TO EXTEND TIME
`
`TO FILE NOTICE OF OPPOSITION
`
`Dear Sir:
`
`CELL THERAPEUTICS, INC., a corporation organized and existing under the
`
`laws of Washington, having its principal place of business at 501 Elliott Avenue West,
`
`Suite 400, Seattle, Washington 98119 (“Potential Opposer”), by and through its attorneys,
`
`hereby moves for an order extending the deadline for filing a Notice of Opposition to the
`
`above-identified application by sixty (60) days, from October 5, 2005 up to and including
`
`December 4, 2005.
`
`
`
`This Motion is made for good cause and not for the purpose of delaying the
`
`proceedings before the Trademark Trial and Appeal Board. Potential Opposer is exploring
`
`its options "in a possible resolution of this matter. Counsel for Applicant consented by
`
`telephone on October 5, 2005 to the extension request made herein.
`
`This Consented Motion is being submitted in triplicate.
`
`Any questions and correspondence relating to this matter should be directed to the
`
`undersigned attorney.
`
`Respectfully submitted,
`
`CELL THERAPEUTICS, INC.
`
`By:
`
`*
`.> M 1.;
` \/ I W
`4/’
`
`John J. Dabney
`MCDERMOTT WILL & EMERY LLP
`
`600 Thirteenth Street, N.W.
`
`Washington, D.C. 20005
`Telephone: 202.756.8000
`Facsimile: 202.756.8087
`
`Dated: October 5, 2005
`
`WDC99 1143843-l.044033.02l4
`
`
`
`v
`
`1]
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that one copy of the foregoing CONSENTED
`
`MOTION TO EXTEND TIME TO FILE A NOTICE OF OPPOSITION was served upon
`
`counsel for Applicant by facsimile and U.S. first-class mail, postage-prepaid, this 5th day
`
`of October 2005, addressed as follows:
`
`JOHN L. DUPRE
`
`HAMILTON, BROOK, SMITH & REYNOLDS, P.C.
`PO BOX 9133
`
`CONCORD, MA 01742-9133
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