Application

PTO Form 1478 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 08/31/2004)

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PTO Form 1478 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 08/31/2004)

Trademark/Service Mark Application, Principal Register, with Declaration

Serial Number: 78256017
Filing Date: 05/29/2003

To the Commissioner for Trademarks:

MARK: (Stylized or Design Format, see drawing page)


The applicant, The MITRE Corporation, a corporation of Delaware, residing at M/S N680, 7515 Colshire Drive , McLean , VA USA 22102-7508, requests registration of the trademark/service mark shown on the drawing page 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.

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.

           International Class 009: Computer software tool to enable testing of computer systems for exploitable vulnerabilities.

In International Class 009: the mark was first used at least as early as 12/10/2002, and first used in commerce at least as early as 12/12/2002, 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) Use of OVAL in description in web based trade press.
           Specimen - 1



A fee payment in the amount of $335 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. 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: /RNAxelrod/   Date: 05/29/2003
Signatory's Name: Robert N. Axelrod
Signatory's Position: Assoc. Gen. Counsel

Mailing Address:
     The MITRE Corporation
     M/S N680
     7515 Colshire Drive
     McLean , VA 22102-7508

RAM Sale Number: 423
RAM Accounting Date: 05/30/2003

Serial Number: 78256017
Internet Transmission Date: Thu May 29 19:56:23 EDT 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-20030529195623123522-78256017-200377cd201cb9c0e3b0c676188f46fa11-CC-423-20030529195248402146