Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

---

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77556187

Filing Date: 08/26/2008

To the Commissioner for Trademarks:

MARK: TomCat (stylized and/or with design, see mark)

The literal element of the mark consists of TomCat.
The applicant is not claiming color as a feature of the mark. The mark consists of the words "TomCat" in bold, italized letters.
The applicant, Fluid Marine, LLC, a corporation of Idaho, having an address of
      25 37th Street NE
      Auburn, Washington 98002
      United States
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 012:  Yachts and boats, namely catamaran hull type boats

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 012, the mark was first used at least as early as 01/08/1997, and first used in commerce at least as early as 01/08/1997, and is now in use in such commerce. The applicant is submitting one specimen(s) 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) a .jpeg image of a TomCat brand boat depicting the mark appended to the side of the cabin.
Specimen File1



The applicant hereby appoints Brad R. Frazer of Hawley Troxell Ennis & Hawley LLP
      Suite 1000
      877 W. Main Street
      Boise, Idaho 83702
      United States
to submit this application on behalf of the applicant. The attorney docket/reference number is 44276-0003.

Correspondence Information:	Brad R. Frazer
	Suite 1000
	877 W. Main Street
	Boise, Idaho 83702
	(208) 344-6000(phone)
	(208) 342-3829(fax)
	bfra@hteh.com (authorized)

A fee payment in the amount of $325 has been 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: /brad r frazer/   Date Signed: 08/26/2008
Signatory's Name: Brad R. Frazer
Signatory's Position: Attorney of Record



RAM Sale Number: 2484
RAM Accounting Date: 08/27/2008

Serial Number: 77556187
Internet Transmission Date: Tue Aug 26 17:22:13 EDT 2008
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20080826172213906
710-77556187-400d6c2ff15dfbf7ec830a2fa51
98b77115-ET-2484-20080826170645875512