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: SEGWAY
SERIAL NUMBER: 76344051

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

The applicant, SEGWAY LLC, having an address of 14 Technology Drive, Bedford, New Hampshire United States 03110, 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: 028, 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, except the following: Toys and games, namely, non-motorized scooters and structural parts thereof, and knee pads, elbow pads, gloves and protective padding therefor; toy cars, trucks, scooters, carts and chariots, and models of toy cars, trucks, scooters, carts and chariots; toy engines; die cast metal toy cars, trucks, scooters, carts and chariots; mechanical action toys; plush and soft sculpture toys; bendable play figures; toy action figures; wind up tows; hand held units for playing video and electronic games; aerodynamic discs for use in playing catching games; remote control cars, trucks, scooters and chariots; board games, action skill games, card games; hand held LCD game machines; jigsaw puzzles and manipulative puzzles; kits containing containing component parts for building model toy cars, trucks, scooters and chariots; toy cars, trucks, scooters and chariots that transform into toy robots; peddle cars; ride-on toys; wind-up toys; golfbags and accessories for playing golf, namely, golf bag covers, golf clubs, golf gloves.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/09/2006, and first used in commerce at least as early as 05/09/2006, 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) A photograph showing use of the mark on the goods.
Specimen-1

The applicant hereby appoints Susan Berney-Key to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 042046-202.

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: /Jane Davison, Esq./      Date Signed: 11/17/2006
Signatory's Name: Jane Davison
Signatory's Position: Corporate counsel

RAM Sale Number: 911
RAM Accounting Date: 11/20/2006

Serial Number: 76344051
Internet Transmission Date: Sat Nov 18 01:41:10 EST 2006
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200611180141109
53357-76344051-340826ff64f41b69e4a839539
2214c3ea-DA-911-20061118013048333318


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