| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
77148215 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
| MARK SECTION (no change) |
| GOODS AND/OR SERVICES SECTION (004)(current) |
| INTERNATIONAL CLASS |
004 |
| DESCRIPTION |
| PETROLEUM AND FUELS, NAMELY, CRUDE OIL, NATURAL GAS, NATURAL GAS LIQUIDS, NATURAL GASOLINE, GASOLINE AND DIESEL; COAL AND FUEL OIL |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION
COUNTRY |
Canada |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
| GOODS AND/OR SERVICES SECTION (004)(proposed) |
| INTERNATIONAL CLASS |
004 |
| DESCRIPTION |
| PETROLEUM AND FUELS, NAMELY, CRUDE OIL, NATURAL GAS, NATURAL GAS LIQUIDS, NATURAL GASOLINE, GASOLINE AND DIESEL; COAL AND FUEL OIL |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
TMA697,264 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
09/25/2007 |
| FOREIGN EXPIRATION DATE |
09/25/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
09/25/2022 |
FOREIGN
REGISTRATION
FILE NAME(S) |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0002.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0003.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0004.JPG |
| GOODS AND/OR SERVICES SECTION (007)(current) |
| INTERNATIONAL CLASS |
007 |
| DESCRIPTION |
ELECTRICAL POWER GENERATORS |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
TMA697264 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
09/25/2007 |
| FOREIGN EXPIRATION DATE |
09/25/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
09/25/2022 |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
| GOODS AND/OR SERVICES SECTION (007)(proposed) |
| INTERNATIONAL CLASS |
007 |
| DESCRIPTION |
ELECTRICAL POWER GENERATORS |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
TMA697264 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
09/25/2007 |
| FOREIGN EXPIRATION DATE |
09/25/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
09/25/2022 |
FOREIGN
REGISTRATION
FILE NAME(S) |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0005.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0006.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0007.JPG |
| GOODS AND/OR SERVICES SECTION (035)(current) |
| INTERNATIONAL CLASS |
035 |
| DESCRIPTION |
| MARKETING FOR OTHERS OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID
AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; MARKETING OF ELECTRICITY FOR
OTHERS |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
TMA697264 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
09/25/2007 |
| FOREIGN EXPIRATION DATE |
09/25/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
09/25/2022 |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
| GOODS AND/OR SERVICES SECTION (035)(proposed) |
| INTERNATIONAL CLASS |
035 |
| DESCRIPTION |
| MARKETING FOR OTHERS OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID
AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; MARKETING OF ELECTRICITY FOR
OTHERS |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
TMA697264 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
09/25/2007 |
| FOREIGN EXPIRATION DATE |
09/25/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
09/25/2022 |
FOREIGN
REGISTRATION
FILE NAME(S) |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0008.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0009.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0010.JPG |
| GOODS AND/OR SERVICES SECTION (036)(current) |
| INTERNATIONAL CLASS |
036 |
| DESCRIPTION |
| TRADING AND BROKERAGE OF ELECTRICITY, PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER
LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
| GOODS AND/OR SERVICES SECTION (036)(proposed) |
| INTERNATIONAL CLASS |
036 |
| DESCRIPTION |
| BROKERAGE OF ELECTRICITY, PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID
AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
TMA697264 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
09/25/2007 |
| FOREIGN EXPIRATION DATE |
09/25/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
09/25/2022 |
FOREIGN
REGISTRATION
FILE NAME(S) |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0011.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0012.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0013.JPG |
| GOODS AND/OR SERVICES SECTION (039)(current) |
| INTERNATIONAL CLASS |
039 |
| DESCRIPTION |
| DISTRIBUTION FOR OTHERS OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID
AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; DISTRIBUTION AND TRANSMISSION
OF ELECTRICITY; TRANSPORTATION OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN
ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; TRANSPORTATION OF ELECTRICITY; STORAGE OP PETROLEUM, NATURAL GAS AND RELATED
HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS
AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
| GOODS AND/OR SERVICES SECTION (039)(proposed) |
| INTERNATIONAL CLASS |
039 |
| DESCRIPTION |
| TRADING, BUYING AND RESELLING OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR
SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; DISTRIBUTION AND
TRANSMISSION OF ELECTRICITY; TRANSPORTATION OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE
PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR VIA PIPELINE, RAIL OR TRUCK; STORAGE OF PETROLEUM, NATURAL GAS AND
RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED
HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
TMA697264 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
09/25/2007 |
| FOREIGN EXPIRATION DATE |
09/25/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
09/25/2022 |
FOREIGN
REGISTRATION
FILE NAME(S) |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0014.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0015.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0016.JPG |
| GOODS AND/OR SERVICES SECTION (040)(current) |
| INTERNATIONAL CLASS |
040 |
| DESCRIPTION |
| PRODUCTION OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER
HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; GENERATION AND PRODUCTION OF
ELECTRICITY |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
| GOODS AND/OR SERVICES SECTION (040)(proposed) |
| INTERNATIONAL CLASS |
040 |
| DESCRIPTION |
| PRODUCTION OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER
HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; GENERATION AND PRODUCTION OF
ELECTRICITY |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
TMA697,264 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
09/25/2007 |
| FOREIGN EXPIRATION DATE |
09/25/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
09/25/2022 |
FOREIGN
REGISTRATION
FILE NAME(S) |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0017.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0018.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0019.JPG |
| GOODS AND/OR SERVICES SECTION (042)(current) |
| INTERNATIONAL CLASS |
042 |
| DESCRIPTION |
| EXPLORATION FOR AND EXTRACTION OF, PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID
OR SOLID AND WHETHER HYDROCARBONS OR NOT THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
| GOODS AND/OR SERVICES SECTION (042)(proposed) |
| INTERNATIONAL CLASS |
042 |
| DESCRIPTION |
| EXPLORATION FOR AND EXTRACTION OF, PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID
OR SOLID AND WHETHER HYDROCARBONS OR NOT THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR |
| FILING BASIS |
Section 1(b) |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
TMA697,264 |
FOREIGN REGISTRATION
COUNTRY |
Canada |
FOREIGN REGISTRATION
DATE |
09/25/2007 |
| FOREIGN EXPIRATION DATE |
09/25/2022 |
DATE FOREIGN REGISTRATION
RENEWED
(if applicable) |
09/25/2022 |
FOREIGN
REGISTRATION
FILE NAME(S) |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0020.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0021.JPG |
| |
\\TICRS\EXPORT3\IMAGEOUT3 \771\482\77148215\xml1\RO A0022.JPG |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
As suggested by the Examining Attorney, the Applicant has modified the Class 36 serviced by deleting the reference to TRADING. The Applicant
has also modified the Class 39 services by: 1. deleting the reference to TRANSPORTATION OF ELECTRICITY, and 2. adding the method of transporting the petroleum products, namely via pipeline, rail or
truck. Further, the Applicant has replaced the reference to the "distribution" of petroleum in Class 39, which reference was not included in the corresponding Canadian Trade Mark registration, with a
reference to TRADING, BUYING and SELLING of such products, which reference is included in the corresponding Canadian Trade Mark registration. The Applicant respectfully submits that the trading,
buying and selling of such products is necessarily included within the description of "distribution". The Examining Attorney has also indicated that the reference to the "production" of petroleum in
Class 40 exceeds the scope of the Canadian Trade Mark registration. The Applicant respectfully submits that the production of petroleum products is included in the Canadian Trade Mark registration.
More specifically, it is listed in the first service recitation, which includes "Exploration for and extraction and production of" petroleum etc. The Applicant respectfully requests the withdrawal of
this objection. Finally, the Examining Attorney has requested some marketing information on the transportation of electricity. The Applicant has deleted this reference, and has not, therefore,
included this information. The Applicant confirms that it does not wish to make any amendments to the Class 4, 7, 35, 40 or 42 goods and service descriptions. |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
| RESPONSE SIGNATURE |
/Regina Corrigan/ |
| SIGNATORY'S NAME |
Regina Corrigan |
| SIGNATORY'S POSITION |
Attorney of Record |
| DATE SIGNED |
09/08/2008 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Sep 08 15:51:58 EDT 2008 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XX-2
0080908155158236008-77148
215-430e219ffa3381e2879ba
8324d8868cf4-N/A-N/A-2008
0908153542460088 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/2009) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
77148215 has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 004 for PETROLEUM AND FUELS, NAMELY, CRUDE OIL, NATURAL GAS, NATURAL GAS LIQUIDS, NATURAL GASOLINE, GASOLINE AND DIESEL; COAL AND FUEL OIL
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)).
Filing Basis: Section 44(e), 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 __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Proposed: Class 004 for PETROLEUM AND FUELS, NAMELY, CRUDE OIL, NATURAL GAS, NATURAL GAS LIQUIDS, NATURAL GASOLINE, GASOLINE AND DIESEL; COAL AND FUEL OIL
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)).
Filing Basis: Section 44(e), 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 TMA697,264 registered 09/25/2007 with a renewal date of 09/25/2022 and an expiration date of 09/25/2022 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for ELECTRICAL POWER GENERATORS
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)).
Filing Basis: Section 44(e), 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 TMA697264 registered 09/25/2007 with a renewal date of 09/25/2022 and an expiration date of 09/25/2022 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Proposed: Class 007 for ELECTRICAL POWER GENERATORS
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)).
Filing Basis: Section 44(e), 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 TMA697264 registered 09/25/2007 with a renewal date of 09/25/2022 and an expiration date of 09/25/2022 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for MARKETING FOR OTHERS OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT,
THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; MARKETING OF ELECTRICITY FOR OTHERS
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)).
Filing Basis: Section 44(e), 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 TMA697264 registered 09/25/2007 with a renewal date of 09/25/2022 and an expiration date of 09/25/2022 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Proposed: Class 035 for MARKETING FOR OTHERS OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT,
THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; MARKETING OF ELECTRICITY FOR OTHERS
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)).
Filing Basis: Section 44(e), 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 TMA697264 registered 09/25/2007 with a renewal date of 09/25/2022 and an expiration date of 09/25/2022 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for TRADING AND BROKERAGE OF ELECTRICITY, PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER
HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR
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)).
Filing Basis: Section 44(e), 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 [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
15 U.S.C. Section 1126(e), as amended.
Proposed: Class 036 for BROKERAGE OF ELECTRICITY, PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT,
THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR
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)).
Filing Basis: Section 44(e), 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 TMA697264 registered 09/25/2007 with a renewal date of 09/25/2022 and an expiration date of 09/25/2022 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for DISTRIBUTION FOR OTHERS OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT,
THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; DISTRIBUTION AND TRANSMISSION OF ELECTRICITY; TRANSPORTATION
OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM,
NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; TRANSPORTATION OF ELECTRICITY; STORAGE OP PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND
SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS
RESERVOIR
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)).
Filing Basis: Section 44(e), 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 [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
15 U.S.C. Section 1126(e), as amended.
Proposed: Class 039 for TRADING, BUYING AND RESELLING OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS
OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; DISTRIBUTION AND TRANSMISSION OF ELECTRICITY;
TRANSPORTATION OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH
THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR VIA PIPELINE, RAIL OR TRUCK; STORAGE OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL
OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN
OIL AND GAS RESERVOIR
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)).
Filing Basis: Section 44(e), 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 TMA697264 registered 09/25/2007 with a renewal date of 09/25/2022 and an expiration date of 09/25/2022 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for PRODUCTION OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE
PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; GENERATION AND PRODUCTION OF ELECTRICITY
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)).
Filing Basis: Section 44(e), 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 [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
15 U.S.C. Section 1126(e), as amended.
Proposed: Class 040 for PRODUCTION OF PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS OR NOT, THAT ARE
PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR; GENERATION AND PRODUCTION OF ELECTRICITY
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)).
Filing Basis: Section 44(e), 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 TMA697,264 registered 09/25/2007 with a renewal date of 09/25/2022 and an expiration date of 09/25/2022 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for EXPLORATION FOR AND EXTRACTION OF, PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS
OR NOT THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR
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)).
Filing Basis: Section 44(e), 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 [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
15 U.S.C. Section 1126(e), as amended.
Proposed: Class 042 for EXPLORATION FOR AND EXTRACTION OF, PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS, AND ALL OTHER GASES AND SUBSTANCES, WHETHER LIQUID OR SOLID AND WHETHER HYDROCARBONS
OR NOT THAT ARE PRODUCED IN ASSOCIATION WITH THE PETROLEUM, NATURAL GAS AND RELATED HYDROCARBONS AND ARE CONTAINED IN AN OIL AND GAS RESERVOIR
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)).
Filing Basis: Section 44(e), 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 TMA697,264 registered 09/25/2007 with a renewal date of 09/25/2022 and an expiration date of 09/25/2022 ], and translation thereof, if appropriate. 15
U.S.C. Section 1126(e), as amended.
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
ADDITIONAL STATEMENTS
As suggested by the Examining Attorney, the Applicant has modified the Class 36 serviced by deleting the reference to TRADING. The Applicant has also modified the Class 39 services by: 1. deleting
the reference to TRANSPORTATION OF ELECTRICITY, and 2. adding the method of transporting the petroleum products, namely via pipeline, rail or truck. Further, the Applicant has replaced the reference
to the "distribution" of petroleum in Class 39, which reference was not included in the corresponding Canadian Trade Mark registration, with a reference to TRADING, BUYING and SELLING of such
products, which reference is included in the corresponding Canadian Trade Mark registration. The Applicant respectfully submits that the trading, buying and selling of such products is necessarily
included within the description of "distribution". The Examining Attorney has also indicated that the reference to the "production" of petroleum in Class 40 exceeds the scope of the Canadian Trade
Mark registration. The Applicant respectfully submits that the production of petroleum products is included in the Canadian Trade Mark registration. More specifically, it is listed in the first
service recitation, which includes "Exploration for and extraction and production of" petroleum etc. The Applicant respectfully requests the withdrawal of this objection. Finally, the Examining
Attorney has requested some marketing information on the transportation of electricity. The Applicant has deleted this reference, and has not, therefore, included this information. The Applicant
confirms that it does not wish to make any amendments to the Class 4, 7, 35, 40 or 42 goods and service descriptions.
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /Regina Corrigan/ Date: 09/08/2008
Signatory's Name: Regina Corrigan
Signatory's Position: Attorney of Record
The signatory has confirmed that he/she is a Canadian attorney/agent who has been granted reciprocal recognition under 37 C.F.R. §10.14(c) by the USPTO's Office of Enrollment and Discipline to
represent Canadian applicants before the USPTO; and he/she is currently the applicant's Canadian attorney/agent, or an associate thereof; and that to the best of his/her knowledge, if prior to
his/her appointment another Canadian attorney/agent or a U.S. attorney 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 Canadian attorney/agent or U.S. attorney has filed a power of attorney appointing him/her as an
associate attorney in this matter.
Serial Number: 77148215
Internet Transmission Date: Mon Sep 08 15:51:58 EDT 2008
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2008090815515823
6008-77148215-430e219ffa3381e2879ba8324d
8868cf4-N/A-N/A-20080908153542460088
