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: 78528705
Filing Date: 12/07/2004

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 NIKE.

The applicant, Nike, Inc., a corporation of Oregon, residing at One Bowerman Drive, Beaverton, OR, United States, 97005, 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 in the field of health and fitness used to manage digital music, store and organize digital music, create custom compact discs, download digital music from the internet, build, manage and transfer play lists, categorize music by tempo, log fitness data, namely times, paces, heart rate and injuries, create workout schedules and goals, download data from a watch to a computer; digital audio equipment, namely portable digital music players and walkie talkies; cellular telephones; video game software; compact disc players; headphones; specialty carrying cases for cellular telephones, portable digital audio equipment, and compact disc players; pedometers.

The applicant hereby appoints Philip M. Davison and Kenneth M. Kwartler of Nike, Inc., One Bowerman Drive, Beaverton, OR, United States, 97005 to submit this application on behalf of the applicant. The attorney docket/reference number is 18600.5931.

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: /Philip M. Davison/   Date: 12/07/2004
Signatory's Name: Philip M. Davison
Signatory's Position: Assistant General Counsel, Nike, Inc.


Mailing Address:
     Philip M. Davison
     One Bowerman Drive
     Beaverton, OR 97005

RAM Sale Number: 656
RAM Accounting Date: 12/08/2004

Serial Number: 78528705
Internet Transmission Date: Tue Dec 07 19:56:25 EST 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2004120719562526265
1-78528705-2005f3ca9c5e983e12c6cc99af624
9931-DA-656-20041207193155225592