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: 2627767
REGISTRATION DATE: 10/01/2002

MARK:  NOODLES

The owner, Nakamura, Choon, having an address of
      794 So. Standford Avenue
      Los Angeles, California 90021
      US
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 025, 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.

The registrant hereby appoints Darin Margules of  SILVER & FREEDMAN APLC
      2029 CENTURY PARK EAST, 19TH FLOOR
      LOS ANGELES, California 90067
       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 005499.T003.

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: /choon nakamura/      Date: 02/05/2009
Signatory's Name: Choon Nakamura
Signatory's Position: Owner

Mailing Address (current):
   SILVER & FREEDMAN APLC
   2029 CENTURY PARK EAST, 19TH FLOOR
   LOS ANGELES, California 90067

Mailing Address (proposed):
   SILVER & FREEDMAN APLC
   2029 CENTURY PARK EAST, 19TH FLOOR
   LOS ANGELES, California 90067

Serial Number: 76244462
Internet Transmission Date: Thu Feb 05 19:58:17 EST 2009
TEAS Stamp: USPTO/SECT15-XX.XXX.XXX.X-20090205195817
866125-2627767-440e252acef7ce8debca323be
5e95d77e0-DA-4596-20090205175453785720