PTO Form 1966 (Rev 5/2006) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Preliminary Amendment
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
76690996 |
MARK SECTION (no change) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant, ICP Global Technologies Inc., seeks to amend its registration application to note that the date of first use identified in the
registration application is by a predecessor in title to the applicant, or by a related company of the applicant. ICP Solar Technologies Inc. (ICP Solar) is a corporation formed under the laws of
Canada, and ICP Solar is a wholly owned subsidiary of the Applicant. On March 5, 2008, ICP Solar purchased all of the outstanding common shares of WES Power Technology Inc. (WES Power), a
corporation formed under the laws of Canada. WES Power used the mark GREEN METER from at least as early as November 20, 2006 in interstate commerce within the United States and in foreign commerce
with the United States. Since March 5, 2008, Opposer has operated the business that was once operated by WES Power. With the foregoing in mind, Applicant requests that the dates of use clause
presently in its registration application be amended to state that the use on this date was by the Applicants predecessor in title, or by a related company of the Applicant. In view of the foregoing
requested amendment, favorable amendment of the present application is respectfully requested. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/R. Kent Roberts/ |
SIGNATORY'S NAME |
R. Kent Roberts |
SIGNATORY'S POSITION |
Attorney |
DATE SIGNED |
09/17/2008 |
RESPONSE SIGNATURE |
/R. Kent Roberts/ |
SIGNATORY'S NAME |
R. Kent Roberts |
SIGNATORY'S POSITION |
Attorney |
DATE SIGNED |
09/17/2008 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Sep 17 14:19:48 EDT 2008 |
TEAS STAMP |
USPTO/PRA-XX.XX.XX.X-2008
0917141948817084-76690996
-4306643b1f9d875be4224f38
e7b0bfb1ec-N/A-N/A-200809
17141451139403 |
PTO Form 1966 (Rev 5/2006) |
OMB No. 0651-0050 (Exp. 04/30/2011) |
Preliminary Amendment
To the Commissioner for Trademarks:
Application serial no.
76690996 has been amended as follows:
ADDITIONAL STATEMENTS
Applicant, ICP Global Technologies Inc., seeks to amend its registration application to note that the date of first use identified in the registration application is by a predecessor in title to the
applicant, or by a related company of the applicant. ICP Solar Technologies Inc. (ICP Solar) is a corporation formed under the laws of Canada, and ICP Solar is a wholly owned subsidiary of the
Applicant. On March 5, 2008, ICP Solar purchased all of the outstanding common shares of WES Power Technology Inc. (WES Power), a corporation formed under the laws of Canada. WES Power used the
mark GREEN METER from at least as early as November 20, 2006 in interstate commerce within the United States and in foreign commerce with the United States. Since March 5, 2008, Opposer has operated
the business that was once operated by WES Power. With the foregoing in mind, Applicant requests that the dates of use clause presently in its registration application be amended to state that the
use on this date was by the Applicants predecessor in title, or by a related company of the Applicant. In view of the foregoing requested amendment, favorable amendment of the present application is
respectfully requested.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the
application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or
imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly
authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being
filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association
has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such
other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made
of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.
Signature: /R. Kent Roberts/ Date: 09/17/2008
Signatory's Name: R. Kent Roberts
Signatory's Position: Attorney
Voluntary Amendment Signature
Signature: /R. Kent Roberts/ Date: 09/17/2008
Signatory's Name: R. Kent Roberts
Signatory's Position: Attorney
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.
Serial Number: 76690996
Internet Transmission Date: Wed Sep 17 14:19:48 EDT 2008
TEAS Stamp: USPTO/PRA-XX.XX.XX.X-2008091714194881708
4-76690996-4306643b1f9d875be4224f38e7b0b
fb1ec-N/A-N/A-20080917141451139403