Global Format; No Form Number (Rev 8/2009)
OMB No. 0651-0055 (Exp. 07/31/2018)

Response to Office Action for Post-Registration Matters


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER73274416
REGISTRATION NUMBER1264125
FORM TEXT

Further to our telephone conference of 10/16/2014, this communication is in response to the Office Action of 06/09/2014 relating to the above referenced trademark registration.

As discussed with Examiner Lee on 10/16/2014, we contacted the Assignment Division of the USPTO (Maurice Carter) regarding the clerical error in the records of the MICROVAC trademark registration.  Accordingly, the Entity Type and Citizenship of the Assignment/Change of Name recorded on Reel/Frame 0536/0086 have been corrected to read CORPORATION and MINNESOTA, respectfully. (See attached Abstract of Title)

 Regarding the Office Action of 06/09/2014, which was not received by Registrant’s Attorney,  it is respectfully noted that PMT Corporation is not and was never a Delaware Corporation, thus any other designation was a clerical error.  PMT Corporation is a Minnesota Corporation, as now reflected in the Assignment Records. 

 As shown on the attached Registration Certificate, the MICROVAC trademark was filed in the name of “PMT, Inc.  (Minnesota Corporation)” in 1980.  A ‘Certified Copy of Certificate filed in the Office of the Secretary of State of Minnesota showing a Change of Name filed on July 25, 1985’ was recorded in the USPTO on Reel/Frame 0536/0086 on 08/26/1986.  The change of name was from PMT, Inc. (a Corporation of Minnesota) to PMT CORPORATION (a Corporation of Minnesota).  It appears from the scanned records of the USPTO’s TSDR Case Viewer that the citizenship of PMT Corporation was incorrectly entered into the system at a date after the filing of the first renewal application in 2004.  Thus, this clerical error may now be corrected.

 In the present renewal application, Owner’s Attorney attempted to correct the corporate citizenship clerical error as well as clerical errors in Owner’s Address and Owner’s Attorney’s Address.  For the record, and as stated in the renewal application, the Owner’s name is PMT Corporation (Minnesota Corporation) and it’s address is  1500 Park Road; Chanhassen, MN  55317.  Owner’s Attorney Address is EGGINK & EGGINK; 3100 First National Bank Building; 332 Minnesota Street; St. Paul, MN  55101.

 We trust that these clerical errors can now be corrected and such action is respectfully requested.  We will look forward to receiving confirmation of acceptance of the Declaration of Use and Application for Renewal under Sections 8 & 9.

        ATTACHMENT(S)
       JPG FILE(S)\\TICRS\EXPORT16\IMAGEOUT 16\732\744\73274416\xml3\ TRS0002.jpg
       ORIGINAL PDF FILEMicroVac_Registration_Certificate_20141018103413144.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT16\IMAGEOUT16\732\744\73274416\xml3\TRS0003.jpg
SIGNATURE SECTION
DECLARATION SIGNATURE /Anthony G. Eggink/
SIGNATORY'S NAME Anthony G. Eggink
SIGNATORY'S POSITION Attorney of Record, Minnesota Bar Member
SIGNATORY'S PHONE NUMBER 651-298-1171
DATE SIGNED 11/18/2014
SUBMISSION SIGNATURE /Anthony G. Eggink/
SIGNATORY'S NAME Anthony G. Eggink
SIGNATORY'S POSITION Attorney of Record, Minnesota Bar Member
SIGNATORY'S PHONE NUMBER 651-298-1171
DATE SIGNED 11/18/2014
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
TEAS STAMP USPTO/TRS-XX.XXX.XXX.XX-2
0141118105722641808-12641
25-20141118103036785965-N
/A-N/A-201411181030367859
65



Global Format; No Form Number (Rev 8/2009)
OMB No. 0651-0055 (Exp. 07/31/2018)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:


The following is submitted for registration number. 1264125 :

FORM INFORMATION

Further to our telephone conference of 10/16/2014, this communication is in response to the Office Action of 06/09/2014 relating to the above referenced trademark registration.

As discussed with Examiner Lee on 10/16/2014, we contacted the Assignment Division of the USPTO (Maurice Carter) regarding the clerical error in the records of the MICROVAC trademark registration.  Accordingly, the Entity Type and Citizenship of the Assignment/Change of Name recorded on Reel/Frame 0536/0086 have been corrected to read CORPORATION and MINNESOTA, respectfully. (See attached Abstract of Title)

 Regarding the Office Action of 06/09/2014, which was not received by Registrant’s Attorney,  it is respectfully noted that PMT Corporation is not and was never a Delaware Corporation, thus any other designation was a clerical error.  PMT Corporation is a Minnesota Corporation, as now reflected in the Assignment Records. 

 As shown on the attached Registration Certificate, the MICROVAC trademark was filed in the name of “PMT, Inc.  (Minnesota Corporation)” in 1980.  A ‘Certified Copy of Certificate filed in the Office of the Secretary of State of Minnesota showing a Change of Name filed on July 25, 1985’ was recorded in the USPTO on Reel/Frame 0536/0086 on 08/26/1986.  The change of name was from PMT, Inc. (a Corporation of Minnesota) to PMT CORPORATION (a Corporation of Minnesota).  It appears from the scanned records of the USPTO’s TSDR Case Viewer that the citizenship of PMT Corporation was incorrectly entered into the system at a date after the filing of the first renewal application in 2004.  Thus, this clerical error may now be corrected.

 In the present renewal application, Owner’s Attorney attempted to correct the corporate citizenship clerical error as well as clerical errors in Owner’s Address and Owner’s Attorney’s Address.  For the record, and as stated in the renewal application, the Owner’s name is PMT Corporation (Minnesota Corporation) and it’s address is  1500 Park Road; Chanhassen, MN  55317.  Owner’s Attorney Address is EGGINK & EGGINK; 3100 First National Bank Building; 332 Minnesota Street; St. Paul, MN  55101.

 We trust that these clerical errors can now be corrected and such action is respectfully requested.  We will look forward to receiving confirmation of acceptance of the Declaration of Use and Application for Renewal under Sections 8 & 9.

FORM FILE NAME(S)

JPG file(s):
Attachments-1
Original PDF file:
MicroVac_Registration_Certificate_20141018103413144.pdf
Converted PDF file(s) (1 page)
Attachments-1

SIGNATURE(S)
Declaration Signature
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 may jeopardize the validity of the application or any resulting registration, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /Anthony G. Eggink/      Date: 11/18/2014
Signatory's Name: Anthony G. Eggink
Signatory's Position: Attorney of Record, Minnesota Bar Member
Signatory's Phone Number: 651-298-1171

Submission Signature
Signature: /Anthony G. Eggink/     Date: 11/18/2014
Signatory's Name: Anthony G. Eggink
Signatory's Position: Attorney of Record, Minnesota Bar Member
Signatory's Phone Number: 651-298-1171

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 trademark owner'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 trademark owner in this matter: (1) the trademark owner 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 trademark owner has filed a power of attorney appointing him/her in this matter; or (4) the trademark owner'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: 73274416
Internet Transmission Date:
TEAS Stamp: USPTO/TRS-XX.XXX.XXX.XX-2014111810572264
1808-1264125-20141118103036785965-N/A-N/
A-20141118103036785965