Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Servicemark Form, Supplemental Register

Serial Number: 77052751
Filing Date: 11/29/2006

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of MICROCELL.

The applicant, Microcell Corporation, residing at 6003 Chapel Hill Road, Raleigh, North Carolina, United States, 27607, requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Supplemental Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended.

Applicant requests registration of the trademark/service mark identified above with the Patent and Trademark Office on the Supplemental Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.) for the following Class(es) and Goods and/or Services.

      International Class 009: Fuel cells and electrochemical fuel cells.

In International Class 009, the mark was first used at least as early as 08/01/2004, and first used in commerce at least as early as 08/01/2004, 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) The digital photograph shows the mark applied to a fuel cell..

      Specimen - 1

The applicant hereby appoints John M. Fuscoe and J. Christopher Lynch of Wyrick Robbins Yates & Ponton LLP, Suite 300, 4101 Lake Boone Trail, Raleigh, North Carolina, United States, 27607-7506 to submit this application on behalf of the applicant. The attorney docket/reference number is 14068.017.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: jfuscoe@wyrick.com.

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. §1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form 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 form is being filed under 15 U.S.C. §1126(d) or (e), 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: /RRE/   Date: 11/29/2006


Mailing Address:
     John M. Fuscoe
     Suite 300
     4101 Lake Boone Trail
     Raleigh, North Carolina 27607-7506

RAM Sale Number: 1492
RAM Accounting Date: 11/29/2006

Serial Number: 77052751
Internet Transmission Date: Wed Nov 29 11:24:45 EST 2006
TEAS Stamp: USPTO/SUP-XXX.XXX.XXX.XXX-20061129112445
995463-77052751-242ca9d6b14dd966ca4110d5
b44fba9a5-CC-1492-2006112214200504258