Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78724042
Filing Date: 09/30/2005

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of INsite.

The applicant, MINE RADIO SYSTEMS INC., a corporation of Canada, residing at 117 Ringwood Drive, Unit #5, Stouffville, Other, Canada, L4A 8C1, 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.

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. (15 U.S.C. Section 1051(b)).

       International Class _______: Goods: radio frequency identification system for locating and/or tracking personnel, equipment, machinery and/or vehicles; a radiating line radio frequency identification system for locating and/or tracking personnel, equipment, machinery and vehicles comprised of transmitters, receivers, beacons and transmitters; software for use in database management for locating and/or tracking equipment, vehicles, machinery and personnel; computer programs for monitoring, tracking and/or locating personnel, equipment, machinery and/or vehicles; communication equipment, namely amplifiers, radiating transmission cable, headend units for terminating a radiating transmission cable, end units for terminating a length of radiating transmission cable, branch units for branching two or more radiating transmission cables, power supplies, beacons, transponders and computer communication software to allow information regarding location of personnel, equipment, machinery and vehicles to be transmitted and received to, from and within an underground environment; transmitters; receivers; transponders; beacons; a radio frequency identification system for locating and/or tracking personnel, equipment, machinery and/or vehicles and communicating the locating and tracking information to a database via a network comprising a leaky cable radio system, a radiating transmission cable, a fiber optic cable and/or a telephone cable.
       International Class _______: Services: installation and maintenance of underground communication systems; installation and maintenance of radio frequency identification systems for locating and/or tracking personnel, equipment, machinery and vehicles; installation and maintenance of radio frequency identification systems.

Priority based on foreign filing: 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 (CAX) application number, 1229972, filed 09/10/2004.15 U.S.C. Section 1126(d), as amended.

      International Class _______:Goods: radio frequency identification system for locating and/or tracking personnel, equipment, machinery and/or vehicles; a radiating line radio frequency identification system for locating and/or tracking personnel, equipment, machinery and vehicles comprised of transmitters, receivers, beacons and transmitters; software for use in database management for locating and/or tracking equipment, vehicles, machinery and personnel; computer programs for monitoring, tracking and/or locating personnel, equipment, machinery and/or vehicles; communication equipment, namely amplifiers, radiating transmission cable, headend units for terminating a radiating transmission cable, end units for terminating a length of radiating transmission cable, branch units for branching two or more radiating transmission cables, power supplies, beacons, transponders and computer communication software to allow information regarding location of personnel, equipment, machinery and vehicles to be transmitted and received to, from and within an underground environment; transmitters; receivers; transponders; beacons; a radio frequency identification system for locating and/or tracking personnel, equipment, machinery and/or vehicles and communicating the locating and tracking information to a database via a network comprising a leaky cable radio system, a radiating transmission cable, a fiber optic cable and/or a telephone cable.

Priority based on foreign filing: 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 (CAX) application number, 1229972, filed 09/10/2004.15 U.S.C. Section 1126(d), as amended.

      International Class _______:Services: installation and maintenance of underground communication systems; installation and maintenance of radio frequency identification systems for locating and/or tracking personnel, equipment, machinery and vehicles; installation and maintenance of radio frequency identification systems.

The applicant hereby appoints Jeffrey Pervanas and Paul Herbert, R. Brant Latham, Gary M. Travis of Riches, McKenzie & Herbert LLP, 2 Bloor Street East, Suite 1800, Toronto, Other, Canada, M4W 3J5 to submit this application on behalf of the applicant. The attorney docket/reference number is T90905.

The applicant hereby appoints Pamela Burt of  Weiner & Burt, P.C., 635 N US 23, P.O. Box 186, , Harrisville, Other, USA 48740 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

A fee payment in the amount of $325.00 will be submitted with the application, representing payment for 1 class(es).

Declaration

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. Section 1001, and that such willful false statements, and the like, 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. Section 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; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.



Signature: /Jeffrey Pervanas/   Date: 09/30/2005
Signatory's Name: Jeffrey Pervanas
Signatory's Position: Attorney


Mailing Address:
     Jeffrey Pervanas
     2 Bloor Street East, Suite 1800
     Toronto, Other M4W 3J5

RAM Sale Number: 271
RAM Accounting Date: 10/03/2005

Serial Number: 78724042
Internet Transmission Date: Fri Sep 30 13:08:20 EDT 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200509301308204141
41-78724042-2009b8256889b5aef3ca3a6f4cac
463c3-CC-271-20050930130015253982