Application

PTO Form 1478 (Rev 9/2006)

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

---

PTO Form 1478 (Rev 9/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 77010802

Filing Date: 09/29/2006

To the Commissioner for Trademarks:

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

The applicant, Jupitermedia Corporation, a corporation of Delaware, having an address of 23 Old Kings Highway South, Darien, Connecticut, United States, 06820, 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:  Downloadable electronic photographs and electronic photographs stored or recorded on electronic or computer media; computer software and electronic and computer media used to archive, display and retrieve photographs, photograph albums, photographic prints, pictorial prints, art prints, cartoon prints, color prints, lithographic prints, picture books, pictures, art pictures, watercolor pictures, posters and postcards relating to documentary, live footage, action, drama, adventure, animation, comedy or music

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 02/01/1997, and first used in commerce at least as early as 02/01/1997, 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 printout.
Specimen File1
Specimen File2

       International Class 035:  On-line retail store services and distributorship featuring photographs, pictures, postcards, prints, digital images and text provided through global and non-global computer networks; promoting the photographs, pictures, postcards, prints, digital images and text of others recorded on electronic or computer media by disseminating advertising material over global and non-global computer networks; stock photography agency services; computerized on-line retail services in the field of art; advertising services namely, promoting the goods and services of others relating to art, photography, print art, drawing, sculpture, animation, artists, art-related events, contests, art buyers

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 035, the mark was first used at least as early as 02/01/1997, and first used in commerce at least as early as 02/01/1997, 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 printout.
Specimen File1
Specimen File2
Specimen File3

       International Class 038:  Electronic transmission of photographs, pictures, postcards, prints, digital images and text over global and non-global computer networks

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 038, the mark was first used at least as early as 02/01/1997, and first used in commerce at least as early as 02/01/1997, 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 printout.
Specimen File1
Specimen File2
Specimen File3

       International Class 042:  Stock photography services, namely, leasing reproduction rights of photographs, transparencies, pictures and other graphic representations and digital content to others; providing on-line computer databases in the fields of art, photography, print art, drawing, sculpture, animation, artists, art-related events, contests, art buyers; computer services, namely, providing a website of information relating to art and art related events

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 042, the mark was first used at least as early as 02/01/1997, and first used in commerce at least as early as 02/01/1997, 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 specimen.
Specimen File1
Specimen File2
Specimen File3

The applicant hereby appoints Emily L. Schonbraun and William Ried, Kim Walker, Claudia Cantarella, Grace Pitcock, Courtenay Seabring, Lindsay Silber, Miwako Hosaka of Willkie Farr & Gallagher LLP, 787 Seventh Avenue, New York, New York, United States, 10019 to submit this application on behalf of the applicant.

Correspondence Information:	Emily L. Schonbraun
	787 Seventh Avenue
	New York, New York 10019
	2127288000(phone)
	2127288111(fax)
	ipdept@willkie.com (authorized)

A fee payment in the amount of $1300 will be submitted with the application, representing payment for 4 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: /emilylschonbraun/   Date Signed: 09/29/2006
Signatory's Name: Emily L. Schonbraun
Signatory's Position: Attorney



RAM Sale Number: 1077
RAM Accounting Date: 10/02/2006

Serial Number: 77010802
Internet Transmission Date: Fri Sep 29 16:32:18 EDT 2006
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2006092916321837
8725-77010802-350761819f657acf6f7beeb936
6d4e74ffe-DA-1077-20060929154641227213