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: 77005418

Filing Date: 09/22/2006

To the Commissioner for Trademarks:

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

The applicant, iZotope, Inc., a corporation of Massachusetts, having an address of Building 200, 3rd Floor, One Kendall Square, Cambridge, Massachusetts, United States, 02139, 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:  software and computer hardware for sound processing and manipulation, including time compression and expansion, and pitch adjustment

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 02/14/2005, and first used in commerce at least as early as 05/15/2005, 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) website software download.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

The applicant hereby appoints David D. Lowry and Brian L. Michaelis, Mark S. Leonardo, Peter B. Sorell, John C. Serio, Thomas M. Saunders, George S. Haight IV, Anthony C. Kuhlmann, Anthony H. Handal, Michael E. Shanahan of Brown Rudnick Berlack Israels LLP, 18th Floor, One Financial Center, Boston, Massachusetts, United States, 02111 to submit this application on behalf of the applicant. The attorney docket/reference number is 24864/2-2.

Correspondence Information:	David D. Lowry
	18th Floor
	One Financial Center
	Boston, Massachusetts 02111
	617-856-8200(phone)
	617-856-8201(fax)
	ip@brownrudnick.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: /s/DDL/   Date Signed: 09/22/2006
Signatory's Name: David D. Lowry
Signatory's Position: Attorney for Applicant(s)



RAM Sale Number: 150
RAM Accounting Date: 09/25/2006

Serial Number: 77005418
Internet Transmission Date: Fri Sep 22 15:23:37 EDT 2006
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20060922152337908
903-77005418-350bf942b173a5cc73a867fedf3
9167b3d-DA-150-20060922150443172587