Statement of Use

PTO Form 1553 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 06/30/2005)

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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: EBAY
SERIAL NUMBER: 76233282

This Allegation of Use is being filed after a Notice of Allowance has issued.
An Extension of Time form is being filed with the Allegation of Use.

The applicant, eBay Inc., residing at 2145 Hamilton Avenue , San Jose, CA US 95125, 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: 030, 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 12/01/2003, and first used in commerce at least as early as 12/01/2003, 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) digital image of web page displaying candy dispenser with candy for sale.
Specimen-1

The applicant hereby appoints Francine M. Hanson and John W. Crittenden, Janet L. Cullum, Andrew Hartman, Anne H. Peck, Kent M. Walker, Kathryn M. Wheble, Peter J. Willsey, Britt L. Anderson, Adam L. Barea, Keith J. Berets, Susan D. Berney-Key, Todd S. Bontemps, Lisa K. Koenig, Julie C. Lanz and Gretchen R. Stroud of  Cooley Godward LLP, 20th Floor, One Maritime Plaza, San Francisco, CA USA 94111-3580 to submit this Statement of Use Filing on behalf of the applicant. The attorney docket/reference number is 050600-205.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


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: /jay monahan/      Date: 01/22/2004
Signatory's Name: Jay Monahan
Signatory's Position: Assistant Secretary

Mailing Address:
   Cooley Godward LLP
   20th Floor
   One Maritime Plaza
   San Francisco, CA 94111-3580

RAM Sale Number: 551
RAM Accounting Date: 01/29/2004

Serial Number: 76233282
Internet Transmission Date: Wed Jan 28 19:21:01 EST 2004
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.X-20040128192101107
216-76233282-2009e75765c91eb4fdb518a282f
e58503f-RAM-551-20040128191921252759


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