Statement of Use

PTO Form 1553 (Rev 9/2005)

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

---

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: TIMESCALE
SERIAL NUMBER: 76614385

This Allegation of Use is being filed after a Notice of Allowance has issued.
An Extension of Time form is being filed with the Allegation of Use.

The applicant, Xiotech Corporation, having an address of 6455 Flying Cloud Drive, Eden Prairie, Minnesota United States 55344, 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: 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 09/00/2004, and first used in commerce at least as early as 09/00/2004, 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) photograph of the mark affixed to the goods and user manuals for the goods.
Specimen-1
Specimen-2

For International Class: 042, 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 02/00/2007, and first used in commerce at least as early as 02/00/2007, 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) advertisements or promotional materials featuring the services.
Specimen-1
Specimen-2

The applicant hereby appoints Richard Y. Kim to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 62781-038.

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: /Richard Y. Kim/      Date Signed: 05/17/2007
Signatory's Name: Richard Y. Kim
Signatory's Position: Attorney of Record

RAM Sale Number: 1311
RAM Accounting Date: 05/17/2007

Serial Number: 76614385
Internet Transmission Date: Thu May 17 09:50:28 EDT 2007
TEAS Stamp: USPTO/SOU-XX.XXX.XX.XX-20070517095028902
457-76614385-36088a23cc08583273adc63c3fc
9e9ab7-DA-1311-20070517094455003681


Go Back