Request to Divide

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 Request to Divide

To the Commissioner for Trademarks:

MARK: SIMPACT
SERIAL NUMBER: 77402532

REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Class 005 Class 010
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 016 Class 044
The applicant requests that the good(s)/service(s) based on use in commerce move to registration at this time.
Section 1(a) Good(s)/Service(s) Additional Information: Applicant hereby requests to divide the application into two applications: one for classes 005 and 010, and one for classes 016 and 044. Filed herewith are specimens to show use for classes 005 and 010. Applicant has also submitted an extension request for classes 016 and 044.






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

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


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 so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 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. Section 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: /MJZ/      Date Signed: 11/04/2009
Signatory's Name: Michael J. Zinna
Signatory's Position: Attorney of Record
Request to Divide Signature:
Signature: /MJZ/      Date Signed: 11/04/2009
Signatory's Name: Michael J. Zinna
Signatory's Position: Attorney of Record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.


Serial Number: 77402532
Internet Transmission Date: Wed Nov 04 16:26:07 EST 2009
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200911041626076
34191-77402532-46014df93547c646657d5f938
e56f112-DA-11612-20091104154543267954