Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: ORANGE
SERIAL NUMBER: 77279330

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, WaveTec Vision Systems, Inc., having an address of Suite 170, 66 Argonaut, Aliso Viejo, California United States 92656, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 009:
Current identification: Computer software and hardware for use in taking, processing, recording, storing and transmitting optical measurements; computer software and hardware for performing optical diagnostics, wherein the hardware and software goods are not primarily orange in color

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/25/2008, and first used in commerce at least as early as 06/25/2008, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Computer hardware.
Specimen File1

For International Class 010:
Current identification: Ophthalmic and optometric instruments for taking, processing, recording, storing and transmitting optical measurements and performing diagnostic tests; lasers for ophthalmic and optometric use, wherein the instruments are not primarily orange in color

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/25/2008, and first used in commerce at least as early as 06/25/2008, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Ophthalmic and optometric instrument.
Specimen File1

The applicant hereby appoints Tirzah Abe Lowe of  Knobbe Martens Olson & Bear, LLP, 2040 Main Street, 14th Floor, Irvine, California United States 92614 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is WAVTC.013T.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 classes.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /Amy L. Scott/      Date Signed: 07/01/2008
Signatory's Name: Amy L. Scott
Signatory's Position: Vice President of Marketing

Mailing Address:
   Knobbe Martens Olson & Bear, LLP
   2040 Main Street
   14th Floor
   Irvine, California 92614

Mailing Address:
   Knobbe Martens Olson & Bear, LLP
   2040 Main Street
   14th Floor
   Irvine, California 92614

RAM Sale Number: 69
RAM Accounting Date: 07/02/2008

Serial Number: 77279330
Internet Transmission Date: Tue Jul 01 14:49:06 EDT 2008
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200807011449068
20818-77279330-4009aae6560e1abfa1f286239
567ba1cc76-DA-69-20080630192913732314