Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 77816843

Filing Date: 08/31/2009

To the Commissioner for Trademarks:

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

The applicant, Illumina, Inc., a corporation of Delaware, having an address of
      9885 Towne Centre Drive
      San Diego, California 92121
      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, for the following:

       International Class 001:  Reagents, reagent kits, beads with attached biomolecules, buffers, and enzymes for the purpose of preparing, detecting, sequencing, and analyzing nucleic acids and other biological molecules, genes, genomes, sequence variants and modifications, regulation, transcription, and expression, and for studying related associations in the fields of scientific, diagnostic and clinical research
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 005:  Pharmaceutical and veterinary preparations; clinical diagnostic reagents, reagent kits, and beads with attached biomolecules; enzymes, oligonucleotides, nucleic acids, natural and modified nucleotides, buffers, labels, and substrates, all the foregoing for use in clinical diagnostic analysis, genotyping, and sequencing
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 009:  Scientific instruments, namely nucleic acid sequencers, imaging devices, and analyzers; equipment for sample preparation, amplification, mixing, hybridization, incubation, and washing, including arrays, flow cells, beads, bead sets; automated laboratory equipment and systems, including sample loaders and barcode readers; computer systems and software for collecting, storing, analyzing and reporting biological information, and for sample tracking and managing projects, laboratory workflow and data, all the foregoing for use in the fields of scientific, diagnostic and clinical research
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:  Clinical or medical diagnostic apparatus and instruments; arrays, beads, bead sets and flow cells; automated laboratory apparatus and systems; sample loaders and bar code readers for automated laboratory apparatus; computer systems for collecting, storing, analyzing and reporting biological information, and for sample tracking and managing projects, laboratory workflow and data, all the foregoing for use in clinical diagnostic analysis, genotyping, and sequencing
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 040:  Custom synthesis of nucleotides, oligonucleotides, and other nucleic acids, and labeled derivatives thereof; and attachment to substrates; developing equipment for use in preparing, detecting, analyzing and sequencing nucleic acids and other biological molecules, and automated laboratory equipment and systems, and computer systems for collecting, storing, analyzing and reporting biological information, and for sample tracking and managing projects, laboratory workflow and data to the order and specification of others, all the foregoing in the fields of scientific, diagnostic and clinical research
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:  Scientific and technological services and research services relating thereto; laboratory services for preparation, detection, quantitation, and analysis of biological material, for genotyping, for diagnostic assays, and for carrying out nucleic acid sequencing reactions; consultancy, information and advisory services relating to the aforesaid services; clinical diagnostic services in preparing, amplifying, labeling, detecting, analyzing and sequencing nucleic acids and other biological molecules
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's current Attorney Information:
Gabrielle A. Holley and James R. Menker, Amy C. Menker of Holley & Menker, P.A.
      P.O. Box 96
      Solana Beach, California 92075
      United States
The attorney docket/reference number is 1061.TM1871US00.

The applicant's current Correspondence Information:

Gabrielle A. Holley

Holley & Menker, P.A.

P.O. Box 96

Solana Beach, California 92075

858 353 9285(phone)

858 876 1604(fax)

westdocket@holleymenker.com (authorized)

A fee payment in the amount of $1950 has been submitted with the application, representing payment for 6 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: /Christian G. Cabou/   Date Signed: 08/31/2009
Signatory's Name: Christian G. Cabou
Signatory's Position: Senior Vice President & General Counsel



RAM Sale Number: 5183
RAM Accounting Date: 09/01/2009

Serial Number: 77816843
Internet Transmission Date: Mon Aug 31 18:42:07 EDT 2009
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-200908311842076
54590-77816843-4006bd9a2d4b0cf784b935845
603a6dc-CC-5183-20090828185252905302