`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`CG/MG FAMILY PARTNERS, LTD.,
`
`Petitioner,
`
`V.
`
`Cancellation No.: 31,410
`
`EDGE SYSTEMS, INC.
`
`Registrant.
`
`
`
`PETlTIONER’S MOTION TO WITHDRAW PETITION
`CANCELLATION
`
`COMES NOW, Petitioner, CG/MG FAMILY PARTNERS, LTD. (“Petitioner”), and asks
`
`the Trademark Trial and Appeal Board (“Board”) to allow Petition to withdraw its Petition for
`
`Cancellation (“Petition”) against EDGE SYSTEMS, INC. (“Edge Systems” or “Registrant”). and
`
`shows unto the Board the following:
`
`INTRODUCTION
`
`1.
`
`2.
`
`Petitioner is CG/MG Family Partners, Ltd. Registrant is Edge Systems, Inc.
`
`Petitioner filed a Petition to cancel the registration of Edge Systems, Inc. to the mark
`
`LICENSEPRO in January, 2001. Registrant filed its answer on or about February 21, 2001 with the
`
`Board.
`
`PETITIONER’S MOTION TO WITHDRAW PETITION
`CANCELLATION, Page 1
`
`ORIGINAL
`
`
`
`
`
`3.
`
`It is necessary for Petitioner to withdraw its Petition because there are no longer funds
`
`available to prosecute such action.
`
`It is no longer economically feasible for Petitioner to continue
`
`prosecuting this action.
`
`4.
`
`Petitioner seeks to withdraw its Petition under 37 CFR 1.114(c) which states that
`
`“After the answer is filed, the petition may not be withdrawn without prejudice except with the
`
`written consent of the registrant or the registrant’s attorney or other authorized representative. As
`
`such, Petitioner is not seeking to withdraw its Petition without prejudice, so written consent of the
`
`registrant or registrant’s attorney is not necessary.
`
`WHEREFORE, PREMISES CONSIDERED, Petitioner, CG/MG FAMILY PARTNERS,
`
`LTD. respectfully requests that the Trademark Trial and Appeal Board allow Petitioner to withdraw
`
`its’ Petition for Cancellation as to Cancellation No. 31410 be granted with prejudice and Petitioner
`
`be granted any such other and further relief to which it may be entitled.
`
`Respectfully Submitted,
`
`By:
`
`65' Solflcstfl
`
`'
`
`H.N. Cunningh m 111
`Attorney for Petitioner
`
`ROBERTS, CUNNINGHAM
`
`& STIRIPLING, L.L.P.
`800 Preston Commons West
`
`8117 Preston Road
`
`Dallas, Texas 75225
`
`(214) 696-3200
`(214) 696-5971 Facsimile
`
`PETITIONER’S MOTION TO WITHDRAW PETITION
`
`CANCELLATION, Page 2
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on the
`
`day of
`
`the foregoing instrument: was served via certified mail, return receipt requested, on the
`following:
`
`_, 2002, a true and correct copy of
`
`Michael J. Weins
`
`31 Bank Street
`
`Lebanon, New Hampshire 03766
`
`?
`
`Scott L. Larson
`
`PETITIONER’S MOTION TQ WITHDRAQ PETITION
`CANCELLATION, Page 3
`
`
`
`
`
`ROBERTS, CUNNINGHAM & STRIPLING, L.L.P.
`ATTORNEYS AND COUNSELORS AT LAW
`
`
`
`‘MB
`
`:6“; :;.::.:E:::..,
`ROBERT A. STRIFLING
`
`\\
`)
`
`800 PRESTON COMMONS WEST
`8117 PRESTON ROAD
`
`DALLAS, TEXAS 75225
`TELEPHONE
`(21%9;I;;;g9
`IEL
`’
`(214) 696-5971
`
`AP“ 2= 2002
`
`VIA S
`N0
`
`Assistant Commissioner for Trademarks
`
`United State Department of Commerce
`Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`2900 Crystal Drive, Ninth Floor
`Arlington, Virginia 22202-3513
`
`04-1
`u.s. mom a. TMOfcITM Mall Rant 02. #26
`~-
`MARISSA ‘3- JAMES
`KATHRYN K. WHIPPLE
`ASHLEY A. BUCHANAN
`
`§§§LL“’fZ'iZ‘E5+
`TIMOTHY J‘. GARGIULO
`
`BOARD CERTIFIED ' PERSONAL INJURY TRIAL LAW
`' BOARD CERTIFIED - CONSUMER AND COMMERCIAL LAW
`TEXA5 BOARD OF LEGAL SPECIALIZATION
`TLICENSED IN MISSISSIPPI AND ALABAMA ONLY
`
`RE:
`
`LICENSEPRO Registration No. 2,288,209 of Edge Systems, Inc. Petition for
`Cancellation by CG/MG Family Partners, LTD. Cancellation No. 31,410.
`
`Dear Commissioner:
`
`Enclosed please find an original and one copy of the following:
`
`Petitioner’s Motion to Withdraw Petition Cancellation.
`
`‘pg 1
`
`4
`
`)-
`
`( -'_‘y
`
`-..
`
`Please file the original and return the file—sta.mped copy via the self—addressed,‘stamped;
`envelope.
`,\.
`
`Very truly yours,
`
` mAM
`
`Scott L. Larson
`
`SLL/sl
`
`Enclosure
`
`cc:
`
`VIA CMRR
`
`Michael J. Weis
`
`31 Bank Street
`
`Lebannon NH 03 766
`
`
`
`
`
`
`
` *____*_
`T°’
`noasms.
`.
`CUNNINGHAM & STRIPLING, L.L.P.
`soo PRESTON COMMONS WEST
`am PRESTON now
`
`ROBERTS, CUNNINGHAM & STRIPLING, L.L.P.
`ATTORNEYS AND COUNSELORS AT LAW
`800 PRESTON COMMONS WEST
`8117 PRESTON ROAD
`DALLAS, TEXAS 75225
`
`,,.,,VT‘
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