Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

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

To the Commissioner for Trademarks:

MARK: PREPSTAIN
SERIAL NUMBER: 76341485

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

The applicant, TriPath Imaging, Inc., having an address of 780 Plantation Drive, Burlington, North Carolina United States 27215, 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: 005, 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 04/09/2002, and first used in commerce at least as early as 04/09/2002, 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 photo of label affixed to container.
Specimen-1

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 04/09/2002, and first used in commerce at least as early as 04/09/2002, 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 photo of name plate affixed to hardware.
Specimen-1

The applicant hereby appoints F. Andrew Anderson to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 1230-3-27.

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: /Pat Winston Kennedy/      Date Signed: 08/01/2005
Signatory's Name: Pat Winston Kennedy
Signatory's Position: Vice President and General Counsel

RAM Sale Number: 483
RAM Accounting Date: 08/02/2005

Serial Number: 76341485
Internet Transmission Date: Mon Aug 01 17:17:46 EDT 2005
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XXX-2005080117174677
6482-76341485-2505e54cce72c316995ab046fd
8e77bedd-DA-483-20050730203302481676


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