Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77010814

Filing Date: 09/29/2006

To the Commissioner for Trademarks:

MARK: BOURGAULT (Standard Characters, see mark)
The literal element of the mark consists of BOURGAULT. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Bourgault Industries Ltd., a corporation of Canada, having an address of P.O. Box 39, St.Brieux, Saskatchewan, Canada, S0K3V0, requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended.

       International Class 007:  Agricultural implements and parts therefor, namely, grain carts, bale movers and liquid fertilizer carts.

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 007, the mark was first used at least as early as 08/21/1997, and first used in commerce at least as early as 05/13/1998, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) photographs of the goods bearing the mark.
Specimen File1
Specimen File2

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and submits a copy of Canada registration number TMA440850, registered 03/24/1995 with a renewal date of 03/24/2010 and an expiration date of 03/24/2010, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The applicant hereby appoints JAMES R. CADY and Katherine M. Basile, Bobby A. Ghajar, Cynthia R. Adwere of Howrey LLP, 1950 University Avenue, 4th Floor, East Palo Alto, California, United States, 94303 to submit this application on behalf of the applicant. The attorney docket/reference number is 12467.0009.TMUS01.

Correspondence Information:	JAMES R. CADY
	1950 University Avenue, 4th Floor
	East Palo Alto, California 94303
	(650) 798-3500(phone)
	(650) 798-3600(fax)
	IPDOCKETING@HOWREY.COM (authorized)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

Declaration



Signatory's Signature: signatory file
Signatory's Name: Gerard F. Bourgault
Signatory's Position: President



RAM Sale Number: 1092
RAM Accounting Date: 10/02/2006

Serial Number: 77010814
Internet Transmission Date: Fri Sep 29 16:35:42 EDT 2006
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2006092916354213
1262-77010814-35058e98c23a8d4fab3bfa84e4
c47f0e4cc-DA-1092-20060929161948457885