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: 78521055
Filing Date: 11/22/2004

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of ACUMEN.

The applicant, Alista Technologies, Inc., a corporation of Washington, residing at Suite 11, 14320 NE 21st Street, Bellevue, WA, United States, 98007, 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.

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 assisting individuals and businesses to transfer data and settings from one electronic device to another, by means of a global computer network

The applicant hereby appoints Jessica Stone Levy and J. Christopher Lynch, David K. Daggett, Glenn C. Schroeder of Preston Gates & Ellis LLP, Suite 2900, 925 Fourth Ave., Seattle, WA, United States, 98104 to submit this application on behalf of the applicant. The attorney docket/reference number is 41504-00001.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: trademarks@prestongates.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: /Jessica Stone Levy/   Date: 11/22/2004
Signatory's Name: Jessica Stone Levy
Signatory's Position: Applicant's Counsel


Mailing Address:
     Jessica Stone Levy
     Suite 2900
     925 Fourth Ave.
     Seattle, WA 98104

RAM Sale Number: 3
RAM Accounting Date: 11/23/2004

Serial Number: 78521055
Internet Transmission Date: Mon Nov 22 14:46:38 EST 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2004112214463898432
5-78521055-20014c78cc8e6f79a7348d4322e6c
47183-CC-3-20041122144425395188