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: 78501258
Filing Date: 10/18/2004

To the Commissioner for Trademarks:

MARK: The design consists of a partially open, scalloped-edged sunburst with four vertical lines centered in the background (stylized and/or with design, see mark)

The literal element of the mark consists of The design consists of a partially open, scalloped-edged sunburst with four vertical lines centered in the background.

The applicant, University of Virginia Patent Foundation, a NON-PROFIT CORPORATION organized under the laws of United States, residing at Suite 1-110, 1224 West Main Street, Charlottesville, VA, United States, 22903, 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 042: evaluating, protecting, licensing or otherwise transferring rights to intellectual property and computer software

In International Class 042, the mark was first used at least as early as 04/13/2004, and first used in commerce at least as early as 04/13/2004, 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) The specimen is a web page from applicant's website depicting the mark as used for evaluating, protecting, licensing or otherwise transferring rights to intellectual property and computer software.

      Specimen - 1

The applicant hereby appoints Kevin J. McDevitt, Esq. and Susan S. Neal, Melissa J. Lee, Lisa A. Iverson, Andrea E. Friedman, Richard B. Biagi of Neal & McDevitt, LLC, 1776 Ash Street, Northfield, IL, United States, 60093 to submit this application on behalf of the applicant. The attorney docket/reference number is 60241.0017.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: pto@nealmcdevitt.com.

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: /R. MacWright/   Date: 10/18/2004
Signatory's Name: Robert S. MacWright
Signatory's Position: Executive Director and CEO


Mailing Address:
     Kevin J. McDevitt, Esq.
     1776 Ash Street
     Northfield, IL 60093

RAM Sale Number: 1092
RAM Accounting Date: 10/18/2004

Serial Number: 78501258
Internet Transmission Date: Mon Oct 18 12:21:17 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20041018122117847117
-78501258-200beadd57e49b2e97526a84bca0b0
be98-CC-1092-20041014174741067799