| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76598660 |
| MARK SECTION (no change) | |
| GOODS AND/OR SERVICES SECTION (1st class)(current) | |
| INTERNATIONAL CLASS | 042 |
| DESCRIPTION | |
| Coordinating and facilitating the design, development and customization of computer software components and applications; Designing, developing, customizing, and distributing computer software components and applications for others | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 04/09/2002 |
| FIRST USE IN COMMERCE DATE | 04/09/2002 |
| GOODS AND/OR SERVICES SECTION (1st class)(proposed) | |
| INTERNATIONAL CLASS | 042 |
| DESCRIPTION | |
| Computer software services for others, namely coordinating and facilitating the design, development and customization of computer software components and applications; Designing, developing, and customizing computer software components and applications for others | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 04/09/2002 |
| FIRST USE IN COMMERCE DATE | 04/09/2002 |
| GOODS AND/OR SERVICES SECTION (2nd class)(class added) | |
| INTERNATIONAL CLASS | 035 |
| DESCRIPTION | |
| Licensing of computer software; software subscription services; electronic commerce services, namely provision of software over the Internet | |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | 10/14/2002 |
| FIRST USE IN COMMERCE DATE | 10/14/2002 |
| STATEMENT TYPE | The substitute specimen(s) was in use in commerce prior to the filing of the Amendment to Allege Use (AAU). |
| SPECIMEN FILE NAME(S) | \\TICRS\EXPORT10\IMAGEOUT 10\765\986\76598660\xml2\ ROA0002.JPG |
| SPECIMEN DESCRIPTION | Applicant's website showing subscription services in connection with the Mark. |
| ADDITIONAL STATEMENTS SECTION | |
| DISCLAIMER | No claim is made to the exclusive right to use SOFTWARE apart from the mark as shown. |
| PRIOR REGISTRATION(S) | Applicant claims ownership of U.S. Registration Number(s) 2764034, 2764035 and 2813438. |
| MISCELLANEOUS STATEMENT | The mark is presented in standard characters without claim to any particular font style, size, or color. |
| PAYMENT SECTION | |
| NUMBER OF CLASSES | 1 |
| FEE PER CLASS | 325 |
| TOTAL FEES DUE | 325 |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /rob hughes/ |
| SIGNATORY NAME | Rob Hughes |
| SIGNATORY POSITION | President |
| SIGNATURE DATE | 05/24/2005 |
| RESPONSE SIGNATURE | /Miguel Danielson/ |
| SIGNATORY NAME | Miguel C. Danielson |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATURE DATE | 05/24/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue May 24 10:31:16 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXX-2005052 4103116387041-76598660-20 0476f74e51ebd35b6f858f641 4695bDA1215-2005052319482 3710262 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76598660 is amended as follows: | |
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 042 for Coordinating and facilitating the design, development and customization of computer software components and applications; Designing, developing, customizing, and distributing computer software components and applications for others | |
| Original Filing Basis: 1(a). | |
| Proposed: Class 042 for Computer software services for others, namely coordinating and facilitating the design, development and customization of computer software components and applications; Designing, developing, and customizing computer software components and applications for others | |
| Applicant hereby adds the following class of goods/services to the application: |
|
| New: Class 035 for Licensing of computer software; software subscription services; electronic commerce services, namely provision of software over the Internet |
|
| Section 1(a), Use in Commerce: Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used on 10/14/2002 and first used in commerce on 10/14/2002, and is now in use in such commerce. | |
| Applicant hereby submits a specimen for Class 035. | |
| The specimen(s) submitted consists of Applicant's website showing subscription services in connection with the Mark.. |
|
| For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to the filing of the Amendment to Allege Use (AAU)." | |
| Specimen-1 | |
| Additional Statements | |
| No claim is made to the exclusive right to use SOFTWARE apart from the mark as shown. | |
| Applicant claims ownership of U.S. Registration Number(s) 2764034, 2764035 and 2813438. | |
| The mark is presented in standard characters without claim to any particular font style, size, or color. | |
| Fees | |
| Additional fee(s) in the amount of $325 is being submitted. | |
| Declaration Signature |
|
| The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true. | |
| Signature: /rob hughes/ Date: 05/24/2005 | |
| Signatory's Name: Rob Hughes | |
| Signatory's Position: President | |
| Response Signature | |
| Signature: /Miguel Danielson/ Date: 05/24/2005 | |
| Signatory's Name: Miguel C. Danielson | |
| Signatory's Position: Attorney for Applicant | |
| RAM Sale Number: 1215 | |
| RAM Accounting Date: 05/24/2005 | |
| Serial Number: 76598660 | |
| Internet Transmission Date: Tue May 24 10:31:16 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXX-20050524103116387041-7 6598660-200476f74e51ebd35b6f858f6414695b DA1215-20050523194823710262 |
