Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78402010
Filing Date: 04/14/2004

To the Commissioner for Trademarks:

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

The literal element of the mark consists of MAXWELL TECHNOLOGIES.

The applicant, Maxwell Technologies, Inc., a corporation of Delaware, residing at 9244 Balboa Avenue, San Diego, CA, USA, 92123, 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.

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: Electrical Apparatus-namely, capacitors, ultracapacitors, double-layer capacitors; Power systems-namely systems powered by capacitors; High energy electronic components, namely wound film capacitors; radiation hardened components, radiation hardened computers, fault tolerant computers and radiation shielding and packaging.

In International Class 009, the mark was first used at least as early as 09/01/2001, and first used in commerce at least as early as 09/01/2001, 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) Digital Photograph of the Mark on an electrical apparatus..

      Specimen - 1

The applicant hereby appoints Thomas F. Lebens of Fitch, Even, Tabin & Flannery, 120 S. LaSalle Street Suite 1600, Chicago, IL, USA, 60603 to submit this application on behalf of the applicant. The attorney docket/reference number is 81182.

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: /mrb/   Date: 04/14/2004
Signatory's Name: Martin R. Bader
Signatory's Position: Applicant's Attorney


Mailing Address:
     Thomas F. Lebens
     120 S. LaSalle Street Suite 1600
     Chicago, IL 60603

RAM Sale Number: 551
RAM Accounting Date: 04/15/2004

Serial Number: 78402010
Internet Transmission Date: Wed Apr 14 19:42:20 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXX-20040414194220236626-
78402010-200499d4c7132ee499395a3d4daef71
a4d-DA-551-20040414193825936294