Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77577887 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 001 for Non-metallic building materials, namely, concrete additives, namely, metallurgical slag, cementitious materials with pozzolanic qualities, for use as an additive in Portland cement and concrete; chemical substances, namely, sulphur, sulphuric acid, sulphur dioxide, sodium antimonate, sodium bisulphite, sodium bisulphite solution, cupric sulphate, cupric sulphate solution, iron calcine, ferrous granules, ferrous sulphate heptahydrate, zinc calcine, zinc sulphate, zinc sulphate monohydrate, zinc sulphate solution, germanium dioxide, germanium tetrachloride, thallium nitrate, lead bismuth bullion, lead chloride, indium lead oxide, granulated lead antimony oxide, mercurous chloride, oleum, molybdenum, copper matte, copper arsenate, copper sulphate, ammonium sulphate, ammonium bisulphite, ammonium bisulphite solution; chemical substances used for agricultural and horticultural purposes, namely chemical fertilizers, pesticides, desiccants, and hoof bath ingredients, namely cupric sulphate
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)).

Applicant has made of record the following information concerning a 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 asserts a claim of priority based on [Canada application number 1411389 filed 09/19/2008].

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:
Tracked Text Description: Non-metallic building materials, namely, concrete additives, namely, metallurgical slag, cementitious materials with pozzolanic qualities, for use as an additive in Portland cement and concrete; chemical substances, namely, sulphur, sulphuric acid, sulphur dioxide, sodium antimonate, sodium bisulphite, sodium bisulphite solution, cupric sulphate, cupric sulphate solution, iron calcine, ferrous granules, ferrous sulphate heptahydrate, zinc calcine, zinc sulphate, zinc sulphate monohydrate, zinc sulphate solution, germanium dioxide, germanium tetrachloride, thallium nitrate, lead bismuth bullion, lead chloride, indium lead oxide, granulated lead antimony oxide, mercurous chloride, oleum, molybdenum, copper matte, copper arsenate, copper sulphate, ammonium sulphate, ammonium bisulphite, ammonium bisulphite solution; chemical substances used for agricultural and horticultural purposes, namely chemical fertilizers, pesticides, desiccants, and hoof bath ingredients, namely cupric sulphate; chemical substances used for agricultural and horticultural purposes, namely chemical fertilizers, desiccants, and hoof bath ingredients, namely cupric sulphateClass 001 for Non-metallic building materials, namely, concrete additives, namely, metallurgical slag, cementitious materials with pozzolanic qualities, for use as an additive in Portland cement and concrete; chemical substances, namely, sulphur, sulphuric acid, sulphur dioxide, sodium antimonate, sodium bisulphite, sodium bisulphite solution, cupric sulphate, cupric sulphate solution, iron calcine, ferrous granules, ferrous sulphate heptahydrate, zinc calcine, zinc sulphate, zinc sulphate monohydrate, zinc sulphate solution, germanium dioxide, germanium tetrachloride, thallium nitrate, lead bismuth bullion, lead chloride, indium lead oxide, granulated lead antimony oxide, mercurous chloride, oleum, molybdenum, copper matte, copper arsenate, copper sulphate, ammonium sulphate, ammonium bisulphite, ammonium bisulphite solution; chemical substances used for agricultural and horticultural purposes, namely chemical fertilizers, desiccants, and hoof bath ingredients, namely cupric sulphate
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)).

Applicant has made of record the following information concerning a 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 asserts a claim of priority based on [Canada application number 1411389 filed 09/19/2008].

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 will submit a copy of [ Canada registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Research and development in the fields of mining, metal refining and product uses; technical consulting in the fields of exploration, geology, petrology, mineralogy, metallurgy, environmental science, chemistry, corrosion and industrial plant design, galvanizing technologies, battery materials, performance and systems, and fuel cell materials and processes; technical support services, namely troubleshooting in the nature of diagnosing problems with equipment in the fields of mining, exploration, geology, petrology, mineralogy, metallurgy, environmental science, chemistry, corrosion and industrial plant design and construction, galvanizing technologies, battery materials, performance and systems, and fuel cell materials and processes, and all associated engineering disciplines thereof; engineering in the fields of mining, exploration, geology, petrology, mineralogy, metallurgy, environmental science, chemistry, corrosion and industrial plant design and construction, galvanizing technologies, battery materials, performance and systems, and fuel cell materials and processes, and all associated engineering disciplines thereof; designing the extraction process of metals from ores and concentrates and by-products; installation, maintenance and upgrading of computer software and programs; providing information in the fields of mining exploration, geology, metallurgy, engineering, and environmental testing and inspection services over a global computer network; mining exploration services; designing recycling processes of metallic components in electronic wares and battery components
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)).

Proposed:
Tracked Text Description: Research and development in the fields of mining, metal refining and product uses; technical consulting in the fields of exploration, geology, petrology, mineralogy, metallurgy, environmental science, chemistry, corrosion and industrial plant design, galvanizing technologies, battery materials, performance and systems, and fuel cell materials and processes; technical consulting in the fields of mining exploration, geology, petrology, mineralogy, metallurgy, environmental science, chemistry, corrosion and industrial plant design, galvanizing technologies, battery materials, performance and systems, and fuel cell materials and processes; technical support services, namely troubleshooting in the nature of diagnosing problems with equipment in the fields of mining, exploration, geology, petrology, mineralogy, metallurgy, environmental science, chemistry, corrosion and industrial plant design and construction, galvanizing technologies, battery materials, performance and systems, and fuel cell materials and processes, and all associated engineering disciplines thereof; engineering in the fields of mining, exploration, geology, petrology, mineralogy, metallurgy, environmental science, chemistry, corrosion and industrial plant design and construction, galvanizing technologies, battery materials, performance and systems, and fuel cell materials and processes, and all associated engineering disciplines thereof; designing the extraction process of metals from ores and concentrates and by-products; installation, maintenance and upgrading of computer software and programs; providing information in the fields of mining exploration, geology, metallurgy, engineering, and environmental testing and inspection services over a global computer network; mining exploration services; designing recycling processes of metallic components in electronic wares and battery componentsClass 042 for Research and development in the fields of mining, metal refining and product uses; technical consulting in the fields of mining exploration, geology, petrology, mineralogy, metallurgy, environmental science, chemistry, corrosion and industrial plant design, galvanizing technologies, battery materials, performance and systems, and fuel cell materials and processes; technical support services, namely troubleshooting in the nature of diagnosing problems with equipment in the fields of mining, exploration, geology, petrology, mineralogy, metallurgy, environmental science, chemistry, corrosion and industrial plant design and construction, galvanizing technologies, battery materials, performance and systems, and fuel cell materials and processes, and all associated engineering disciplines thereof; engineering in the fields of mining, exploration, geology, petrology, mineralogy, metallurgy, environmental science, chemistry, corrosion and industrial plant design and construction, galvanizing technologies, battery materials, performance and systems, and fuel cell materials and processes, and all associated engineering disciplines thereof; designing the extraction process of metals from ores and concentrates and by-products; installation, maintenance and upgrading of computer software and programs; providing information in the fields of mining exploration, geology, metallurgy, engineering, and environmental testing and inspection services over a global computer network; mining exploration services; designing recycling processes of metallic components in electronic wares and battery components
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)).

SIGNATURE(S)
Response Signature
Signature: /Valerie Verret/     Date: 11/17/2010
Signatory's Name: Valerie Verret
Signatory's Position: Attorney for Applicant, Texas bar member

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: 77577887
Internet Transmission Date: Wed Nov 17 12:48:27 EST 2010
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20101117124827442
001-77577887-4709ccac585efae856472a4f9b7
9416c1f6-N/A-N/A-20101117121027861777