TEAS Petition to Revive Abandon Applic

PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp 09/30/2011)

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PTO Form 2194 (Rev 9/2005)

OMB No. 0651-0054 (Exp 09/30/2011)

Petition To Revive For Office Action

To the Commissioner for Trademarks:

Application serial no. 76462121 EXEGENIX has been amended as follows:
PETITION
Petition Statement

Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.

RESPONSE TO OFFICE ACTION

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In this response, Applicant is amending its description of services as requested by the Examiner.

In addition, the Canadian application which is the basis for the instant application has now matured into a registration.  A copy of the certificate of registration for the specified Canadian application is annexed hereto.  Applicant has a bona fide and effective industrial or commercial establishment in Canada.

Accordingly, Applicant respectfully requests that the application be approved for publication.

EVIDENCE
Evidence in the nature of Copy of Canadian certificate of Registration. has been attached.
Original PDF file:
evi_642917665-100253149_._EXEGENIX_-_Certificate_of_Registration.PDF
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Document management services for others, namely, developing and supporting software for use in connection with document management, data content creation, production, analysis, organization and publication; business consultation
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed: Class 035 for document management services, namely developing and supporting software for (i) document management, and (ii) data content creation, production, analysis, organization, and publication; business consultation
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Training in the field of document management, data content creation, production, analysis; organization and publication, and educational services, namely, providing courses, conferences, and workshops in the field of document management, data content creation, production, analysis, organization and publication rendered to specific business needs
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed: Class 041 for Training in the field of document management, data content creation, production, analysis, organization and publication, and educational services, namely, providing courses, conferences, and workshops in the field of document management, data content creation, production, analysis, organization and publication rendered to specific business needs
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Response Signature
Signature: /Matthew D. Marcotte/     Date: 03/24/2008
Signatory's Name: Matthew D. Marcotte
Signatory's Position: Attorney of record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 4377
RAM Accounting Date: 03/24/2008
        
Serial Number: 76462121
Internet Transmission Date: Mon Mar 24 10:14:43 EDT 2008
TEAS Stamp: USPTO/POA-XX.XX.XXX.XX-20080324101443928
182-76462121-420a127aedac19beeb94f3ac83e
4979e1a-DA-4377-20080324100253149247