file: n:\ec\trade_mark\01\24\85\53\FMCOttawa1210142258230_rev.html printed: 2005-10-13 09:33

Electronic Application Receive TimeStamp: October 12, 2005 2:28:52 PM

Description : IMAGE OF TOWER (drawing)

Date : October 12, 2005

Attention: Jason Robertson

This is a response to the Examiner's Report of June 28, 2005. Applicant has enclosed a revised application wherein the wares 'bar accessories; hobby kits' have been removed from the description of wares. The services 'operation of entertainment, attractions and exhibits' has been replaced with 'operation of entertainment, attractions and exhibits, namely motion simulator rides, photograph displays, video displays, interactive displays, and a cinema'. Further, Applicant has confirmed that the trade-mark is not a distinguishing guise. It is neither a shaping of wares, nor a method of wrapping or packaging of wares. The trade-mark is registrable as an ordinary trade-mark.

Applicant has enclosed a drawing of the mark which should reproduce in detail suitable for publication in the Trade-marks Journal. Applicant respectfully requests replacement of the existing drawing with the attached drawing.

Applicant respectfully requests that the Examiner withdraw his objections and allow the trade-mark to proceed to advertisement in the Trade-marks Journal.

Trade-mark application number: 1248553

Reference No. : 236691-155166

A formal drawing of the trade-mark is attached.

1. The applicant, Canada Lands Company CLC Limited/Société Immobilière du Canada CLC Limitée, the full post office address of whose principal office or place of business is 200 King Street West, 15th Floor, Toronto, ONTARIO, CANADA, M5H 3T4, applies for the registration, in accordance with the provisions of the Trade-marks Act, of the trade-mark identified below.

2a. The trade-mark is three dimensional.

3. The trade-mark has been used in Canada by the applicant in association with all the specific wares listed hereafter, and the applicant requests registration in respect of such wares. The trade-mark has been so used in Canada in association with the general class of wares comprising the following specific wares (1) souvenir items namely photograph albums, stamp albums, coin albums, aprons, ash trays, athletic bags, athletic shoes, athletic visors, pre-recorded audio cassettes, tote bags, hand bags, sports bags, backpacks, balloons, golf balls, bandannas, bathrobes, beach bags, beach balls, beach umbrellas, beer glasses, beer mugs, belts, belt buckles, berets, bibs, binoculars, blankets, board games, bonnets, book markers, books, boots, bottle openers, bowls, bracelets, briefcases, brochures, brooches, hair brushes, bumper stickers, ornamental novelty buttons, calendars, camera bags, camera cases, photographic cameras, candle holders, candles, candy dishes, caps and hats, car ornaments, playing cards, card games, card holders, cardboard auto shades, pre-recorded audio cassettes featuring musical recordings, pre-recorded compact disks containing musical recordings, pre-recorded video cassettes and DVDs featuring movies, chains, charms, clip boards, clips and bobby pins, coasters, coats, coffee table books, coins, coin banks, colouring books, combs, commemorative plates, cook books, coveralls, covers, cowboy hats, crayons, crests, cruet sets, cufflinks, cups, cushions, decals, desk pen sets, desk sets, diaries, dish towels, doll accessories, dolls, drawings, dresses, drinking glasses, duffle bags, earrings, elastic pony tails clips, emblems, embroidered crests, envelopes, erasers, felt pens, flash lights, flasks, gift glass snowballs, glass mugs, golf shirts, greeting cards, growth charts, hand and body lotions, handkerchiefs, hats, headbands, inflatable toys, jackets, jars, jerseys, jewelry, jig saw puzzles, jogging suits, key chains, key fobs, key holders, knapsack, labels, lapel pins, letter openers, lighters, liquor glasses, lockets, luggage tags, lunch boxes, magazines, magnets, match books, matches, mats, medallions, medals, metal ingots, miniature buildings, mittens, mobiles, money banks, money clips, mugs, murals, name plates, napkins, neck ties, necklaces, note pads, notebooks, novelty hats, oven mitts, pajamas, pants, paper weights, parkas, patches, pencil cases, pencils, pendants, penlights, pens, pennants, photographic slides, photographs, pictures, pillows, pillow cases, pitchers, cloth and plastic placemats, plaques, plates, playing cards, polo shirts, post cards, posters, pot holders, pottery, prints, puppets, purses, radios, rain suits, jewelry namely rings, rulers, sandals, saucers, scarves, scenic cards, school bags, scrap books, sculptures, serviettes, hair shampoo, shirts, shooter glasses, shopping bags, shorts, shot glasses, skirts, slippers, sneakers, hand, face and body soaps, socks, souvenir books and albums, souvenir spoons, souvenir guide books, spice mills, sport bags, statuettes, steins, stickers, straw hats, stuffed animals, sun visors, sunglasses and cases, sweatbands, sweaters, sweatshirts, swimsuits, swizzler sticks, t-shirts, table cloths, key tags, tags, tams, telescopes, thermometers, three-dimensional models, tie bars, tie pins, tokens, tooth pick holders, toques, tote bags, towels, trading cards, travel bags, tray tables, trays, tumblers, turtlenecks, umbrellas, underwear, video and audio equipment namely, videotape recorders, audio cassette recorders, video cameras, mixers and speakers, waist packs, wall hangings, wallets, watches, watch cases, water glasses, water bottles, wristbands, writing paper since at least as early as January, 2003.

4. The trade-mark has been used in Canada by the applicant in association with all the specific services listed hereafter, and the applicant requests registration in respect of such services. The trade-mark has been so used in Canada in association with the general class of services comprising the following specific services (1) the operation of a communications and observation tower featuring restaurants, taverns, lounges, cafés, bars, nightclubs, coffee bars, boutiques, retail stores and multi-station take-out food outlet services; operation of entertainment, attractions and exhibits, namely motion simulator rides, photograph displays, video displays, interactive displays, and a cinema; provision of information to the public as it relates to a communications and observation tower; provision of tourist information; provision of sightseeing tours to individuals and groups, the leasing and management of space for commercial or individual purposes since at least as early as January, 2003.

5. The applicant appoints FRASER MILNER CASGRAIN LLP, whose full post office address in Canada is 99 BANK STREET, SUITE 1420, OTTAWA, ONTARIO, CANADA, K1P 1H4, as the person (firm or any member of the said firm), as its agent to prosecute this revised application with full powers of amendment and substitution, to execute any amendment related thereto as well as any amended revised application, and to represent the applicant with respect to this revised application, the said agents being authorized to receive the registration certificate on behalf of the applicant.

6. The applicant appoints FRASER MILNER CASGRAIN LLP, whose full post office address in Canada is 99 BANK STREET, SUITE 1420, OTTAWA, ONTARIO, CANADA, K1P 1H4 as the person (or firm) to whom any notice in respect of the revised application or registration may be sent, and upon whom service of any proceedings in respect of the revised application or registration may be given or served with the same effect as if they had been given to or served upon the applicant or registrant.

7. The applicant is satisfied that it is entitled to use the trade-mark in Canada in association with the wares and services described above.