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: 78291678
Filing Date: 08/25/2003

To the Commissioner for Trademarks:

MARK:  PLATO

The applicant, PLATO Health Systems Limited , a residing at 235 Broadway, Level 3 Newmarket, Auckland, New Zealand 1001, 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, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark 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 for use in the fields of medicine and healthcare
           International Class 035: computer services, namely, compilation of coding databases
           International Class 044: clinical information services in the fields of medicine and healthcare

In International Class 009: the mark was first used at least as early as 02/00/2001, and first used in commerce at least as early as 02/00/2001, 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) screen image of computer program bearing mark and digital photograph of point of purchase display bearing mark.
           Specimen - 1
           Specimen - 2


In International Class 035: the mark was first used at least as early as 02/00/2001, and first used in commerce at least as early as 02/00/2001, 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) screen image of computer program bearing mark and digital photograph of point of purchase display bearing mark.
           Specimen - 1
           Specimen - 2


In International Class 044: the mark was first used at least as early as 02/00/2001, and first used in commerce at least as early as 02/00/2001, 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) screen image of computer program bearing mark and digital photograph of point of purchase display bearing mark.
           Specimen - 1
           Specimen - 2

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: computer software for use in the fields of medicine and healthcare

           International Class 035: computer services, namely, compilation of coding databases

           International Class 044: clinical information services in the fields of medicine and healthcare

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a certification or certified copy of the foreign registration before the application may proceed to registration. 15 U. S.C. Section 1126(e), as amended.

The applicant will submit New Zealand registration number 620790, registered 02/15/2001 with a renewal date of 08/14/2007 and an expiration date of 08/14/2007 before the application may proceed to U.S. registration, under Section 44(e) (15 U.S.C. Section 1126(e):

           International Class 009: computer software for use in the fields of medicine and healthcare

The applicant submits a copy of the foreign registration certificate, and translation thereof, if appropriate, to support the §44(e) basis:

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a certification or certified copy of the foreign registration before the application may proceed to registration. 15 U. S.C. Section 1126(e), as amended.

The applicant will submit New Zealand registration number 620790, registered 02/15/2001 with a renewal date of 08/14/2007 and an expiration date of 08/14/2007 before the application may proceed to U.S. registration, under Section 44(e) (15 U.S.C. Section 1126(e):

           International Class 035: computer services, namely, compilation of coding databases

The applicant submits a copy of the foreign registration certificate, and translation thereof, if appropriate, to support the §44(e) basis:

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a certification or certified copy of the foreign registration before the application may proceed to registration. 15 U. S.C. Section 1126(e), as amended.

The applicant will submit New Zealand registration number 620790, registered 02/15/2001 with a renewal date of 08/14/2007 and an expiration date of 08/14/2007 before the application may proceed to U.S. registration, under Section 44(e) (15 U.S.C. Section 1126(e):

           International Class 044: clinical information services in the fields of medicine and healthcare

The applicant submits a copy of the foreign registration certificate, and translation thereof, if appropriate, to support the §44(e) basis:


The applicant, hereby appoints Paul D. Greely and Terrence J. McAllister, Charles N.J. Ruggiero of  Ohlandt, Greeley, Ruggiero & Perle, L.L.P., One Landmark Square, 10th Floor, Stamford, CT USA 06901-2682 to submit this application on behalf of the applicant.

The applicant hereby appoints Paul D. Greeley of  Ohlandt, Greeley, Ruggiero & Perle, L.L.P., One Landmark Square, 10th Floor, Stamford, CT USA 06901-2682 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.


A fee payment in the amount of $1005 will be submitted with the application, representing payment for 3 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: /OGRP-PDG-TJM-BY/   Date: 08/25/2003
Signatory's Name: Terrence J. McAllister
Signatory's Position: Attorney for Applicant

Mailing Address:
     Paul D. Greely
     One Landmark Square, 10th Floor
     Stamford, CT 06901-2682

RAM Sale Number: 832
RAM Accounting Date: 08/25/2003

Serial Number: 78291678
Internet Transmission Date: Mon Aug 25 12:41:00 EDT 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-20030825124100431112-78291678-2004e642c7cda16b373d882ca9994cd66-DA-832-20030825112534136512