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: 77011743

Filing Date: 10/02/2006

To the Commissioner for Trademarks:

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

The applicant, Garmin Ltd., a corporation of Cayman Islands, having an address of PO Box 30464 SMB, 5th Floor, Harbour Pl., 103 South Church Street, George Town, Cayman Islands, 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:  Satellite Navigation Systems, namely, a global positioning system (GPS); Electronic navigational devices, namely, global positioning satellite (GPS) based navigation receivers; electronic depth sounders; portable communication devices, namely, radio transceivers and wireless telephones; pre-recorded CD-ROMs and cartridges featuring digital map data and software for facilitating use of GPS based navigation receivers, radio transceivers and wireless telephone; Global positioning systems comprised of computers, transmitters, network interface, GPS receivers, antennas, and a LCD display; Automobile navigation apparatus featuring GPS receivers, digital map displays and turn-by-turn instructions; electronic marine navigation products, namely, chart plotters and sonar depth sounders; avionics, namely, portable and panel mounted electronic navigation instruments for assisting a pilot in navigating an aircraft, primary flight displays and multi-function flight displays; GPS receivers; portable GPS devices, namely, electronic instruments for determining and outputting position and speed; marine electronic apparatus, namely, marine sonar fish finders; electronic chart plotters; wireless communications radios; wireless communications radios featuring a GPS receiver; personal digital assistants featuring a GPS receiver and electronic maps; satellite radio receivers; electronic navigation devices, namely, GPS receivers having an electronic compass; electronic navigation devices namely, GPS receivers having an altimeter; electronic storage media, namely, CD-ROMs, DVDs, discs and cards containing map data; and navigation software for calculating and displaying route; Avionics, communications, navigational and vehicle monitoring equipment, namely, radio, navigational and global positioning system receivers; data radio communications transceivers, data processors and data processing consoles; Theft deterrent software sold as a component of global positioning system (GPS) unit; Computer software to enable the transmission of mapping, navigation, traffic, weather and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; Computer software for the marking and uploading of information about places of interest to a global positioning system, and retrieval of this information via audio transmission and visual display, sold as a component of a global positioning system unit; Computer software for inputting, storing, processing or outputting personal exercise or fitness information; Portable personal navigation devices; portable personal navigation devices featuring travel guide features, language translation features, dictionary features and audible book-player features; Wireless two-way radios; and electronic handheld devices, namely, a combination two-way radio and GPS receiver; Feature of a global positioning system (GPS) to allow enhanced satellite acquisition, sold as a component part of the global positioning system; Motorcycle navigation system featuring GPS receiver, digital map displays and turn-by-turn instructions; Handheld global positioning system (GPS) consisting of computers, computer software, transmitters, receivers and network interface devices; FM band radio receivers; Electric cables; Battery packs; Antennas; Protective carrying cases for GPS units; and electronic pet products, namely a global positioning system used to locate pets, consisting of a GPS receiver and a transmitter worn by the pet that transmits to a receiver held by the pet owner.
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 010:  Electronic exercise monitors; electronic exercise monitors featuring a GPS receiver and heart monitor

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 010, the mark was first used at least as early as 11/10/2003, and first used in commerce at least as early as 11/10/2003, 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) scanned image of a point of purchase shelf aisle dangler.
Specimen File1

       International Class 025:  Clothing, namely shirts, hats and caps

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 025, the mark was first used at least as early as 09/27/2006, and first used in commerce at least as early as 09/27/2006, 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) photograph of a t-shirt.
Specimen File1

       International Class 035:  Dealership services in the fields of communications, navigation and avionics equipment; Reseller distributorship and wholesale distributorship services in the fields of avionics, communications and navigation.

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 04/10/2003, and first used in commerce at least as early as 04/10/2003, 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) promotional materials used in connection with the services.
Specimen File1

       International Class 038:  Transmission of a global positioning system user’s location to others via telecommunication and global communication networks
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 039:  Providing mapping, navigation, traffic and point-of-interest information via telecommunication networks, cellular telephones and wireless navigation devices
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 042:  Providing weather information via telecommunication networks, cellular telephones and wireless navigation devices
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).
The applicant claims ownership of U.S. Registration Number(s) 2949731 and 3107462.

we have been using the wordmark Garmin naming some of the goods and services at least as early as April 25, 1991

The applicant hereby appoints Kevin E. West and Andrew R. Etkind and David V. Ayres of Garmin International, Inc., 1200 East 151st Street, Olathe, Kansas, United States, 66062 to submit this application on behalf of the applicant. The attorney docket/reference number is 701.378.

Correspondence Information:	Kevin E. West
	1200 East 151st Street
	Olathe, Kansas 66062
	913-397-8200(phone)
	913-397-9079(fax)
	trademarks@garmin.com (authorized)

A fee payment in the amount of $2275 will be submitted with the application, representing payment for 7 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: /Kevin E. West/   Date Signed: 10/02/2006
Signatory's Name: Kevin E. West
Signatory's Position: Attorney



RAM Sale Number: 99
RAM Accounting Date: 10/03/2006

Serial Number: 77011743
Internet Transmission Date: Mon Oct 02 15:09:45 EDT 2006
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-200610021509450361
90-77011743-350f6ab9cc52723fae91e7959c56
9c05f3a-DA-99-20061002144225825001