file: \\intrepid-prod.ic.gc.ca\tmdata\ec\trade_mark\01\54\55\38\Moffatco1809120553005_rev.html printed: 2012-09-18 13:09

Electronic Application Receive TimeStamp: September 18, 2012 12:11:56 PM

Date : September 18, 2012

Registrar of Trade-marks
Trade-marks Office
Gatineau,Quebec  K1A 0C9
CANADA

Attention: Examination Section

Dear Registrar:

Re: Canadian Trade-mark Application Serial No. 1,545,538

Trade-mark: SAGETEA

Examiner: Michelle Yu

Our File: 3416-103

==============================

This is in response to the Examiner’s Report of September 10, 2012.

The Applicant thanks the Examiner for attending to this application and for discussing the matter by telephone on September 18, 2012.

OBJECTION TO THE DESCRIPTIONS

The Examiner requests a description in ordinary commercial terms of the services presently designated as 'computer software systems integration services in the area of creating expert systems'.

Accordingly, the applicant has amended the attached application to replace the objected to description, with the following description:

'computer software systems integration services'

which had been originally filed and was not previously objected to by the Examiner. It is noted that the Examiner tentatively agreed to this description during a conversation with the applicant's trademark agent, Barry Hutsel, on September 18, 2012.

Accordingly, the Examiner is requested to withdraw objection to the present application and we look forward to receiving confirmation of approval of the application for advertisement from the Registrar.

Respectfully submitted,

MOFFAT & CO.

Per: Barry E. Hutsel

Trade-mark application number: 1545538

Reference No. : 3416-103





REVISED APPLICATION FOR THE REGISTRATION OF A TRADE-MARK

1. The applicant, 4428188 Canada Inc, dba SageTea Group the full post office address of whose principal office or place of business is 440 Laurier Avenue West, Suite 200, Ottawa, ONTARIO, CANADA, K1R 7X6, applies for the registration, in accordance with the provisions of the Trade-marks Act, of the trade-mark identified below.

2. The trade-mark is

SAGETEA

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) Computer software in the area of creating expert systems for use in creating charts and graphs using data generated by one or more computer software programs since at least as early as September 29, 2010.

4. The applicant by itself or through a licensee, or by itself and through a licensee, intends to use the trade-mark in Canada in association with (2) Computer software in the area of creating expert systems for use in converting plain English text to and from computer source code and requests registration of the trade-mark in respect of such wares.

5. The applicant by itself or through a licensee, or by itself and through a licensee, intends to use the trade-mark in Canada in association with (1) Data conversion services in the area of creating expert systems, namely using computer software to convert plain English text to and from computer source code, preparing charts and graphs using data generated by one or more computer software programs, transferring and translating data between computer software programs to generate reports comprising charts and graphs; Providing training in the use and operation of computer software in the area of creating of expert systems; Computer software systems integration services and requests registration of the trade-mark in respect of such services.

6. The applicant appoints MOFFAT & CO., whose full post office address in Canada is 1200-427 LAURIER AVENUE WEST, P.O. BOX 2088, STATION D, OTTAWA, ONTARIO, CANADA, K1P 5W3, 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.

7. The applicant appoints MOFFAT & CO., whose full post office address in Canada is 1200-427 LAURIER AVENUE WEST, P.O. BOX 2088, STATION D, OTTAWA, ONTARIO, CANADA, K1P 5W3 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.

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

Amended on : September 18, 2012