PR-Section 15

PTO Form 4.16 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

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PTO Form 4.16 (Rev 5/2006)

OMB No. 0651-0055 (Exp 12/31/2011)

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2737547
REGISTRATION DATE: 07/15/2003

MARK:  TILITE

The owner, TISPORT, LLC, having an address of
      1426 EAST THIRD AVE
      KENNEWICK, Washington 99337
      US
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 012, the owner, or its related company, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class. Also, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts. This statement is entirely true EXCEPT for the following goods or services:

structural parts therefor; backrests, footrests, push handles, wheels, hubs, tires, handrims, wheel locks, fitted seat upholstery, fitted seat cushions, side guards, anti-tips, namely, a mechanism that prevents the wheel chair from tipping over, cambers, namely, a mechanism used to adjust access to the wheelchair, axles, stems, armrests, seat belts, frame protectors, calf straps, spoke guards, caster pin locks, stroller handles, luggage carriers, rollers used for sporting activities

The following is proposed as the complete final listing once the specific good(s) or service(s) identified above is deleted: wheelchairs, and wheelchair parts and accessories, namely frames, fitted back upholstery, fitted back packs and fitted seat pouches

The registrant hereby appoints George C. Rondeau, Jr. and David H. Deits, Michael J. Donohue, Heather M. Colburn, Barry L. Davison of  Davis Wright Tremaine LLP
      1201 Third Avenue, Suite 2200
      Seattle, Washington 98101-3045
       United States
to file this Declaration of Incontestability of its mark under Section 15 on behalf of the registrant.  The attorney docket/reference number is 80544-15.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


The mark has been in continuous use in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce. There has been no final decision adverse to the owner's claim of ownership of such mark, or to the owner's right to register the same or to keep the same on the register; and there is no proceeding involving said rights pending and not disposed of either in the U.S. Patent and Trademark Office or in the courts.

The undersigned being hereby warned that willful false statements and the like 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /GCR/      Date: 06/09/2009
Signatory's Name: George C. Rondeau, Jr.
Signatory's Position: Attorney of record

Mailing Address (current):
   Davis Wright Tremaine LLP
   1201 Third Avenue, Suite 2200
   Seattle, Washington 98101-3045

Mailing Address (proposed):
   Davis Wright Tremaine LLP
   1201 Third Avenue, Suite 2200
   Seattle, Washington 98101-3045

Serial Number: 76116548
Internet Transmission Date: Wed Jun 10 12:20:50 EDT 2009
TEAS Stamp: USPTO/SECT15-XXX.XXX.XXX.XXX-20090610122
050350507-2737547-4404159ffa4917ebee1f81
9be28eb293a7-DA-7812-2009060912275880352
9