Trademark: SYNTEC
To the Commissioner of Trademarks:
This is in response to the Office Action, dated February 10, 2003. Please
amend application serial no. 76451471 as follows:
Identification of Goods:
With respect to the Examiner's comments concerning the identification of
goods, the applicant requests that the application be amended as follows:
"Power conversion source, namely a machine used to convert high voltage, low
amperage power to high amperage, low voltage power used for arc welding,
battery charging, plasma cutting, plasma welding and stand-by power
applications" in Class 9.
Serial Number:
The serial number of the foreign application from which the applicant is
claiming priority is Canadian Application No. 1,148,203 filed on July 29,
2002.
Filing Bases:
The applicant wishes to rely solely on its intent to use the mark in
commerce as a basis for registration and still claim the benefit of the
foreign priority filing date. The applicant claims priority from Canadian
Application No. 1,148,203, filed on July 29, 2002. The applicant will not be
perfecting its Section 44(d) basis and requests that this application be
approved for publication without waiting for the certified copy of the
foreign registration.
Response Signature:
Signature: /Mike Bean/
Name: D. Michael Bean
Position: Attorney
D. Michael Bean
Gowling Lafleur Henderson LLP
50 Queen Street North, Ste. 1020
Kitchener, Ontario N2H 6M2
Phone: (519) 575-7544
Fax: (519) 571-5044
Website: www.gowlings.com <http://www.gowlings.com>
-----Original Message-----
From: ecom103@USPTO.GOV [mailto:ecom103@USPTO.GOV]
Sent: Monday, February 10, 2003 1:54 PM
To: michael.bean@gowlings.com
Subject: TRADEMARK APPLICATION NO. 76451471 - SYNTEC - N/A
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/451471
APPLICANT: Nasarc Technologies, Inc.
CORRESPONDENT ADDRESS:
D. MICHAEL BEAN
GOWLING LAFLEUR HENDERSON LLP
50 QUEEN STREET NORTH, SUITE 1020
KITCHENER ONTARIO, CANADA N2H 6M2
RETURN ADDRESS:
Commissioner for Trademarks
2900 Crystal Drive
Arlington, VA 22202-3513
ecom103@uspto.gov
MARK: SYNTEC
CORRESPONDENT'S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
michael.bean@gowlings.com
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 76/451471
The assigned examining attorney has reviewed the referenced application and
determined the following.
IDENTIFICATION OF GOODS
The identification of goods is unacceptable as indefinite. The applicant
may adopt the following identification, if accurate: "Power conversion
source, namely, (specify) for arc welding, battery charging, plasma cutting,
plasma welding and stand-by power applications," in Class 9. TMEP §1402.01.
Please note that, while an application may be amended to clarify or limit
the identification, additions to the identification are not permitted. 37
C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to
include any goods that are not within the scope of goods set forth in the
present identification.
SERIAL NUMBER
Applicant must provide the serial number of the Canadian application.
FILING BASES
The applicant has filed asserting a bona fide intention to use the mark in
commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and claiming
priority under Section 44(d), 15 U.S.C. §1126(d), based on a foreign
application. Under these circumstances, the applicant may rely solely on
its intent to use the mark in commerce as the basis for registration and not
the expected foreign registration, and still claim the benefit of the
priority filing date. If the applicant chooses to do so, this Office will
approve the case for publication without waiting for the applicant to submit
the foreign registration. Of course, the application must be in condition
for publication in all other respects. Moreover, while the application may
be approved for publication, the mark will not be registered until an
acceptable allegation of use has been filed.
If the applicant wishes to proceed relying on the applicant's intent to use
the mark in commerce as the sole basis for registration, with the claim of
priority, the applicant should so advise the examining attorney. TMEP
§§806.02(f) and 806.04(b).
If the applicant does not so indicate, this Office will presume that the
applicant wishes to rely on the foreign registration as an additional basis
for registration and will expect the applicant to submit a true copy, a
photocopy, a certification, or a certified copy of the foreign registration
and, if appropriate, an English translation. It is customary for the
translator to sign the translation. TMEP §§1004.01 and 1004.01(b).
The examining attorney has searched the Office records and has found no
similar registered or pending mark which would bar registration under
Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
/Kathleen M. Vanston/
Examining Attorney
Law Office 103
(703) 308-9103 ex 188
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
<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
<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/ <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
<http://www.gov.uspto.report/main/trademarks.htm>
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE
ASSIGNED EXAMINING ATTORNEY.
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