| PTO Form 1553 (Rev 5/2006) |
| OMB No. 0651-0055 (Exp 12/31/2011) |
Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8
The table below presents the data as entered.
Input Field
|
Entered
|
| REGISTRATION NUMBER |
2800999 |
| REGISTRATION DATE |
12/30/2003 |
| SERIAL NUMBER |
76363402 |
| MARK SECTION |
| MARK |
XDS |
| OWNER SECTION (current) |
| NAME |
SIMTONE CORPORATION |
| STREET |
2530 MERIDIAN PARKWAY |
| CITY |
DURHAM |
| STATE |
North Carolina |
| ZIP/POSTAL CODE |
27713 |
| COUNTRY |
United States |
| ATTORNEY SECTION (current) |
| NAME |
Leon Medzhibovsky |
| FIRM NAME |
FULBRIGHT & JAWORSKI L.L.P. |
| STREET |
666 FIFTH AVENUE |
| CITY |
NEW YORK |
| STATE |
New York |
| POSTAL CODE |
10103 |
| COUNTRY |
United States |
| PHONE |
(212) 318-3182 |
| FAX |
(212) 318-3400 |
| ATTORNEY SECTION (proposed) |
| NAME |
James R. Crawford |
| FIRM NAME |
FULBRIGHT & JAWORSKI L.L.P. |
| STREET |
666 FIFTH AVENUE |
| CITY |
NEW YORK |
| STATE |
New York |
| POSTAL CODE |
10103 |
| COUNTRY |
United States |
| PHONE |
(212) 318-3000 |
| FAX |
(212) 318-3400 |
| ATTORNEY DOCKET NUMBER |
XDS 800 |
| OTHER APPOINTED ATTORNEY |
the other attorneys |
| GOODS AND/OR SERVICES SECTION |
| INTERNATIONAL CLASS |
009 |
|
|
| GOODS OR SERVICES TO BE DELETED |
blank smart cards, smart card readers and smart card terminals |
| GOODS OR SERVICES IN USE IN COMMERCE OR FOR WHICH OWNER CLAIMS EXCUSABLE NONUSE |
Software for use in enabling access to the Internet and providing remote access to a computer terminal or workstation; user manuals sold as a
unit therewith; computer workstations and computer terminals |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT9\IMAGEOUT9 \763\634\76363402\xml1\S0 80002.JPG |
| SPECIMEN DESCRIPTION |
Screenshot of Registrant's software |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| NUMBER OF CLASSES PAID |
1 |
| SUBTOTAL AMOUNT |
100 |
| TOTAL FEE PAID |
100 |
| SIGNATURE SECTION |
| SIGNATURE |
/Lorenzo Mejia/ |
| SIGNATORY'S NAME |
Lorenzo Mejia |
| SIGNATORY'S POSITION |
Senior EVP |
| DATE SIGNED |
12/21/2009 |
| PAYMENT METHOD |
CC |
| FILING INFORMATION |
| SUBMIT DATE |
Mon Dec 21 10:21:38 EST 2009 |
| TEAS STAMP |
USPTO/SECT08-XX.XXX.XXX.X
XX-20091221102138249529-2
800999-4609cacb692b14a334
28c5755bb1633fc9-CC-8038-
20091219154256184220 |
| PTO Form 1553 (Rev 5/2006) |
| OMB No. 0651-0055 (Exp 12/31/2011) |
Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8
To the Commissioner for Trademarks:
REGISTRATION NUMBER: 2800999
REGISTRATION DATE: 12/30/2003
MARK: XDS
The owner, SIMTONE CORPORATION, having an address of
2530 MERIDIAN PARKWAY
DURHAM, North Carolina 27713
United States
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.
For International Class 009, this filing does
NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently
deleted from the registration: blank smart cards, smart card readers and smart card terminals
The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable
nonuse claim: Software for use in enabling access to the Internet and providing remote access to a computer terminal or workstation; user manuals sold as a unit therewith; computer workstations and
computer terminals
The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Screenshot of Registrant's software.
Specimen File1
The registrant hereby appoints James R. Crawford and the other attorneys of FULBRIGHT & JAWORSKI L.L.P.
666 FIFTH AVENUE
NEW YORK, New York 10103
United States
to file this Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8 on behalf of the registrant. The attorney docket/reference number is XDS 800.
A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.
Declaration
Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods and/or 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: /Lorenzo Mejia/ Date: 12/21/2009
Signatory's Name: Lorenzo Mejia
Signatory's Position: Senior EVP
Mailing Address
(current):
FULBRIGHT & JAWORSKI L.L.P.
666 FIFTH AVENUE
NEW YORK, New York 10103
Mailing Address
(proposed):
FULBRIGHT & JAWORSKI L.L.P.
666 FIFTH AVENUE
NEW YORK, New York 10103
Serial Number: 76363402
Internet Transmission Date: Mon Dec 21 10:21:38 EST 2009
TEAS Stamp: USPTO/SECT08-XX.XXX.XXX.XXX-200912211021
38249529-2800999-4609cacb692b14a33428c57
55bb1633fc9-CC-8038-20091219154256184220
