Offc Action Outgoing

BENSON

SIEMENS ENERGY GLOBAL GMBH & CO. KG

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/191233

APPLICANT: Siemens Aktiengesellschaft

CORRESPONDENT ADDRESS:

LAWRENCE E ABELMAN

ABELMAN FRAYNE & SCHWAB

150 EAST 42ND STREET

NEW YORK NY 10017-5612

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom114@uspto.gov

MARK: BENSON

CORRESPONDENT’S REFERENCE/DOCKET NO: 866752

CORRESPONDENT EMAIL ADDRESS:

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examining Attorney's name and

Law Office number.

4. Your telephone number and e-mail address.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/191233

This letter responds to the applicant's communication filed on July 3, 2003.

The foreign registration on which this application is based Expired on August 5, 2003. The applicant must submit evidence that the foreign registration will be in force at the time of issuance of the United States registration. The evidence must consist of an official certification or a true copy, a photocopy, a certification, or a certified copy of the certificate of registration showing that the foreign registration has been renewed. 37 C.F.R. §2.34(a)(3)(iii); TMEP §1004.01(a). In order to successfully amend to the Supplemental Register, the applicant must either submit a renewed foreign registration or show use in commerce.

Response Guidelines

The following authorities govern the processing of trademark and service mark applications: The Trademark Act, 15 U.S.C. Section 1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Trademark Manual of Examining Procedure (TMEP).

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

/ Hellen M. Bryan-Johnson /

Trademark Examining Attorney

Law Office 114

(703) 308-9114 ext 457

e-mail www.ecom114@uspto.gov

fax (703) 746-8114

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.