Prosecution of this application was suspended August 4, 2003, pending status of Reg. No. 2,083,023 cited in the action of this office dated December 30, 2002.
On May 1, 2004, the cited registration was cancelled pursuant to section 8 .
Applicant had advised this office, by response dated June 27, 2003, that it had commenced a proceeding (No. 92/041,855) to cancel the cited mark. Registrant defaulted in answering, which default was
noted in the file May 24, 2003. Notice of Default was served August 4, 2003. Applicant's (petitioner's) October 29, 2003 motion for entry of default judgment was pending when the registration was
cancelled pursuant to section 8.
It is respectfully submitted that the cancellation of the cited mark pursuant to section 8 renders moot the cancellation proceeding insofar as it relates to this application, and that prosecution
thereon be resumed.
Applicant notes that its amended description of services has been accepted, but reminds this office to also correct the filing date of the application to June 20, 2004, as requested in applicant's
response of June 27, 2003.
/James A. Power Jr/ 05/04/2004