PTO Form 1553 (Rev 4/2000)
OMB Control #0651-0009 (Exp. 06/30/2005)

Statement of Use Filing

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER76214482
LAW OFFICE ASSIGNEDLAW OFFICE 115
NOTICE OF ALLOWANCEYES
EXTENSION OF USENO
MARK SECTION
MARK SMARTRAIL
OWNER SECTION (no change)
ATTORNEY SECTION
NAMERobert L. Brooke
FIRM NAMETroutman Sanders LLP
INTERNAL ADDRESSBank of America Plaza
STREET600 Peachtree Street, N.E., Suite 5200
CITYAtlanta
STATEGA
ZIP/POSTAL CODE30308-2216
COUNTRYUSA
PHONE(804) 687-1278
FAX(804) 698-5142
EMAILtrademarks@troutmansanders.com
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
DOCKET NUMBER204454.7
OTHER APPOINTED ATTORNEYNancyellen Keane, Esq., a member of the bar of the Commonwealth of Virginia, and Michael D. Hobbs, Jr., Esq., Daniele E. Bourgeois, Esq., Jeri N. Sute, Esq., Auma N. Reggy, Esq., Segeda Ranjeet, Esq., Kenneth Southall, Esq., Gerald R. Boss, Esq., R. Stevan Coursey, Esq., Ryan A. Schneider, Esq., Mary An Merchant, Esq. and James E. Schutz, Esq., members of the bar of the State of Georgia
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 009
KEEP EXISTING GOODS AND/OR SERVICES YES
FIRST USE ANYWHERE DATE05/21/2004
FIRST USE IN COMMERCE DATE05/21/2004
SPECIMEN FILE NAME(S)\\ticrs\EXPORT10\IMAGEOUT 10\762\144\76214482\xml1\ SOU0002.JPG
SPECIMEN DESCRIPTIONDisplay screen of Applicant's software showing Mark
INTERNATIONAL CLASS 035
KEEP EXISTING GOODS AND/OR SERVICES YES
FIRST USE ANYWHERE DATE05/21/2004
FIRST USE IN COMMERCE DATE05/21/2004
SPECIMEN FILE NAME(S)\\ticrs\EXPORT10\IMAGEOUT 10\762\144\76214482\xml1\ SOU0003.JPG
SPECIMEN DESCRIPTIONFirst page of portion of Applicant's website for rail car management services that is accessible only by Applicant's clients ("Partners") who pay for such railcar management services to be provided by Applicant
PAYMENT SECTION
NUMBER OF CLASSES2
SUBTOTAL AMOUNT200
TOTAL AMOUNT200
SIGNATURE SECTION
SIGNATURE /Robert L. Brooke/
SIGNATORY NAME Robert L. Brooke
SIGNATORY DATE 05/25/2004
SIGNATORY POSITION Attorney for Applicant
FILING INFORMATION
SUBMIT DATE Tue May 25 10:41:48 EDT 2004
TEAS STAMP USPTO/SOU-XXX.XX.XXX.X-20
040525104148171012-762144
82-20083743fcc5085b24ac44
08b12e22ca18e-RAM-851-200
40525103830015110


PTO Form 1553 (Rev 4/2000)
OMB Control #0651-0009 (Exp. 06/30/2005)


Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: SMARTRAIL
SERIAL NUMBER: 76214482

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, Quality Transportation Services, Inc., residing at 9568 Kings Charter Drive, Suite 201 , Ashland, VA US 23005, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class: 009, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/21/2004, and first used in commerce at least as early as 05/21/2004, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Display screen of Applicant's software showing Mark.
Specimen-1

For International Class: 035, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/21/2004, and first used in commerce at least as early as 05/21/2004, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) First page of portion of Applicant's website for rail car management services that is accessible only by Applicant's clients ("Partners") who pay for such railcar management services to be provided by Applicant.
Specimen-1

The applicant hereby appoints Robert L. Brooke and Nancyellen Keane, Esq., a member of the bar of the Commonwealth of Virginia, and Michael D. Hobbs, Jr., Esq., Daniele E. Bourgeois, Esq., Jeri N. Sute, Esq., Auma N. Reggy, Esq., Segeda Ranjeet, Esq., Kenneth Southall, Esq., Gerald R. Boss, Esq., R. Stevan Coursey, Esq., Ryan A. Schneider, Esq., Mary An Merchant, Esq. and James E. Schutz, Esq., members of the bar of the State of Georgia of  Troutman Sanders LLP, Bank of America Plaza, 600 Peachtree Street, N.E., Suite 5200 , Atlanta, GA USA 30308-2216 to submit this Statement of Use Filing on behalf of the applicant. The attorney docket/reference number is 204454.7.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 classes.


Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

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: /Robert L. Brooke/      Date: 05/25/2004
Signatory's Name: Robert L. Brooke
Signatory's Position: Attorney for Applicant

Mailing Address:
   Troutman Sanders LLP
   Bank of America Plaza
   600 Peachtree Street, N.E., Suite 5200
   Atlanta, GA 30308-2216

RAM Sale Number: 851
RAM Accounting Date: 05/25/2004

Serial Number: 76214482
Internet Transmission Date: Tue May 25 10:41:48 EDT 2004
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.X-20040525104148171
012-76214482-20083743fcc5085b24ac4408b12
e22ca18e-RAM-851-20040525103830015110


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