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: 78450060
Filing Date: 07/13/2004

To the Commissioner for Trademarks:

MARK: n3 (stylized and/or with design, see mark)

The literal element of the mark consists of n3.

The mark consists of ther term n3 in stylized format..

The applicant, WILSON SPORTING GOODS CO., a corporation of Delaware, residing at 8700 W. Bryn Mawr Avenue, Chicago, IL, United States, 60631, 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 028: Racquets for tennis, racquetball, squash, and badminton; racquet sport accessories, namely, grips, balls, and racquet string.

In International Class 028, the mark was first used at least as early as 02/24/2004, and first used in commerce at least as early as 02/24/2004, 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) A digital image of a tennis racquet bearing the mark..

      Specimen - 1

The applicant hereby appoints Terence P. O'Brien of Wilson Sporting Goods Co., 8700 W. Bryn Mawr Avenue, Chicago, IL, United States, 60631 to submit this application on behalf of the applicant. The attorney docket/reference number is n3.

The applicant hereby appoints Raymond M. Berens of  Wilson Sporting Goods Co., 8700 W. Bryn Mawr Avenue, Chicago, IL, USA 60631 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: tpobrien@wilsonsports.net.

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: /Terence P. O'Brien/   Date: 07/13/2004
Signatory's Name: Terence P. O'Brien
Signatory's Position: Attorney-in-Fact


Mailing Address:
     Terence P. O'Brien
     8700 W. Bryn Mawr Avenue
     Chicago, IL 60631

RAM Sale Number: 389
RAM Accounting Date: 07/14/2004

Serial Number: 78450060
Internet Transmission Date: Tue Jul 13 17:22:13 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200407131722137624
66-78450060-200593cc6681b801aeb63bc79ff8
cfc07a-DA-389-20040713171245529503