Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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

To the Commissioner for Trademarks:

MARK: SHADE-X
SERIAL NUMBER: 76662827

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

The applicant, X-Rite, Incorporated, having an address of 4300 43th Street, SE, Grand Rapids, Michigan United States 49512, 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:
Current identification: Color measurement instrument, namely an electronic shade-taker for detecting tooth shade information for laboratory and dental use

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 or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/27/2007, and first used in commerce at least as early as 09/27/2007, 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) digitally scanned pages from the product User's Manual included in the product packaging, that shows use of mark in connection with the goods, and functions as part of the goods with which it is packaged.
Specimen File1
Specimen File2
Specimen File3

The applicant hereby appoints Basam E. Nabulsi, Esq. of  McCarter & English, LLP, 185 Asylum Street, CityPlace I, Hartford, Connecticut United States 06103-3495 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 115190.00126.

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: /ben/      Date Signed: 05/20/2008
Signatory's Name: Basam E. Nabulsi, Esq.
Signatory's Position: Attorney for and Authorized Representative of Applicant

Mailing Address:
   McCarter & English, LLP
   185 Asylum Street
   CityPlace I
   Hartford, Connecticut 06103-3495

Mailing Address:
   McCarter & English, LLP
   185 Asylum Street
   CityPlace I
   Hartford, Connecticut 06103-3495

RAM Sale Number: 9119
RAM Accounting Date: 05/20/2008

Serial Number: 76662827
Internet Transmission Date: Tue May 20 11:53:44 EDT 2008
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200805201153448
96526-76662827-4007a30dda21a883252f4d503
c1c8291fa-DA-9119-20080520114413339487