Document 9138jjNba17xJBe2oO1g1yMd3

I 1 I 'H ALAN 3WABCY 0YA*0 HOKNICC A. M*TURK. A O.&aASSlC.Orr.et Alax Swab er- patent attorneys DRUMMOND STREET MONTREAL S3 CANADA "W VE0 ^ JQCJ PATENTS,TRADE MAflHS,OC3iaN3 MONTREAL maRSOUR Q2SS CABLE '3wapT* un r"-c 1<H-12Q/2>Z<) MA? ^^ff(iJAW5CUOTJf February 1, 1357. Max G. Louis, 3sq., Messrs. Cushman, Darby A Cushman, American Security Building, 'Washington 5, D.C., U. S. A. Canadian Trade Mark Applications Maremont Automotive Products, Inc. S.R. 232,388 "GRIZZLY 3ILV3RTI?" S.S. 232.389 "GRIZZLY SYNCR0-32T1 Dear Max: Thanks for your letter of January 28, 1957. I am glad you wrote us because we were under the impression that it was your move on the basis of our letter of November 26, 1956. We called you on the telephone to discuss the matter, but seeing you were out of town, we report aa follows: The citation of "GRIZZLY 3YNCR0-3ZT" standing in the name of Grizzly Manufacturing Company will have to be brought Into the name of Maremont or cancelled from the Register. The mark can only be brought into the name of Maremont by either (a) An Assignment from Grizzly Manufacturing Company which, you have advised us, is not possible because there is no one available who oould execute an Assignment and the company no longer exists, or (b) By showing, before the Registrar, by documents adequate to prove that Pratt Industries, Inc. actually took over Grizzly. Then, Pratt will have-to assign to Maremont. In other words, the Registrar will not record the same mark in the name of two different registrants, whether related or not. MAP no7i f*ax C. Louis, Sso. PV 2 (c) Alternatively, we can file a request under section 44 to have the early registration expunged, on the grounds that it is no longer being used. Then, when no reply to the notice is received, the Registrar will expunge the registration. The disadvantage of this procedure is that it takes tine, probably six to eight months. We would suggest that, if you have documents adequate to prove that Pratt took over Grizzly, you should ship us cer tified copies so we can have them recorded to show Pratt's ownership. Then, an Assignment can be made from Pratt to tfaremont. We should explain that the United States Assignment of the mark is not considered by the Registrar to be sufficient evidence of Canadian ownership. You ask us if the applications should be filed in the name of Pratt who are the owners of record in the United States. This would depend to a large extent on who is actually using the trade marks in Canada. If Pratt is using the trade marks here, then we recommend that the applications should be in Pratt's name. If Maremont is using the trade marks here, then they could hold the registrations. If both are using the marks, then we would think that the registrations should stand in the name of. the principal, Narenont, and Pratt, the subsidiary, by appointed as registered user. We trust that the above will give you a basis on which to proceed, but if there is anything further you would like us to do for you, please do not hesitate to get in touch with us again. Yours very truly, 5nc. ALAN SWABEY & CO. MAR 007160 Clutch No. 298- 257 258 259 260 261 262 263264 265 266 267 268 269 270 271 DIMENSIONAL SPECIFICATIONS Woven Clutch Facing Application F.M.S.I. Clutch No. DIMENSION (inches) 0.0.-x I.D. x Thickness Bulletin No. mo b Sheet 10 of n Nominal Finish Wqt.-Grams 8020 8.500x5.375x.137 168 1383 13.000x7.313x.181 592 2 322 = 2SS 287 288 5-23-72 8-31-72 10000 100CC1367 1325c 1335 10.375x5.50x.135 10.373x5.5Cx.137 13 - 750 x 7.3 7 5x.175 13 - 7 50 x7.250x.187 13-875x8. OOOx.187 250 253 657 722 680 =1-535? oO-53y ^'170 L**ns Descrioticn c~ Chance RELEASED Revised and Rewritten Revised and Rewritten MAR 007051 .c..oo . 1IECS i Clutch No. 298- 289 29 0 291 292 293 294 295. 296 ' 297 298 299 300 301 302 303 034 DIMENSIONAL SPECIFICATIONS Woven Clutch Facing Application F.M.S.I. Clutch No. 1517 1430A 1312 1367S DIMENSION (inches) O.D. x I.D. x Thickness 15.000x8.OQQX.187 lit.875x8.OOOx.190 13-750x7.375x.187 13-750x7-375x.156 1553 15.250x8.875x.187 9012B 9.500x6.000x.l37 DU I 1C. lit no. Sheet U Nominal Finish Wqt.-Grams 852 845 713 594 814 210