Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77002740

Filing Date: 09/19/2006

To the Commissioner for Trademarks:

MARK: DEX (Standard Characters, see mark)
The literal element of the mark consists of DEX. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, SFL Entertainment, Inc., a corporation of Ohio, having an address of P.O. Box 35395, Canton, Ohio, United States, 44735, requests registration of the trademark/service mark identified above 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.

       International Class 009:  Musical sound recordings and audio-visual recordings featuring music and musical based entertainment; downloadable sound recordings and downloadable audio-visual recordings featuring music and musical based entertainment.

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.

In International Class 009, the mark was first used at least as early as 08/00/2000, and first used in commerce at least as early as 08/00/2006, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Specimen depicts website for purchasing musical sound recordings, including downloadable sound recordings and a close-up of the cover art from a compact audio disc found in the first website..
Specimen File1
Specimen File2

The applicant hereby appoints Megan D. Dortenzo and Troy S. Prince of Thompson Hine LLP, PO Box 8801, Dayton, Ohio, United States, 45401-8801 to submit this application on behalf of the applicant. The attorney docket/reference number is 072008.00001.

Correspondence Information:	Megan D. Dortenzo
	PO Box 8801
	Dayton, Ohio 45401-8801
	216-566-5636(phone)
	216-566-5800(fax)
	megan.dortenzo@thompsonhine.com (authorized)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

Declaration

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. Section 1001, and that such willful false statements, and the like, 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. Section 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; and that 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: /Troy S. Prince/   Date Signed: 09/19/2006
Signatory's Name: Troy S. Prince
Signatory's Position: Attorney



RAM Sale Number: 804
RAM Accounting Date: 09/20/2006

Serial Number: 77002740
Internet Transmission Date: Tue Sep 19 19:07:26 EDT 2006
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2006091919072656
0056-77002740-350b7d48c2bb985a3f79219237
67c0e24b-CC-804-20060919184902271988