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: 78545440
Filing Date: 01/11/2005

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 LINEAGEN.

The applicant, GenData Research Corporation, a NON-PROFIT CORPORATION organized under the laws of Utah, residing at Suite 200, 423 Wakara Way, Salt Lake City, UT, United States, 84108, 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 042: Medical, pharmaceutical, biotechnology, and scientific research and consulting services in the field of genetics, namely, genetic research, biomarker discovery research, and phenotyping for identifying, testing and developing diagnositics and treatments for human diseases and human disorders.

The applicant hereby appoints Todd S. Bontemps and John W. Crittenden, Janet L. Cullum, Andrew Hartman, Anne H. Peck, Kent M. Walker, Peter J. Willsey, Britt L. Anderson, Adam L. Barea, Keith J. Berets, Susan D. Berney-Key, Francine M. Hanson, Lisa K. Koenig and Gretchen R. Stroud of Cooley Godward LLP, 20th Floor, One Maritime Plaza, San Francisco, CA, United States, 94111-3580 to submit this application on behalf of the applicant. The attorney docket/reference number is 304244-201.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: trademarks@cooley.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:
Signatory's Name: Stephen M. Prescott
Signatory's Position: President and CEO

Signatory's Signature: Signature

Mailing Address:
     Todd S. Bontemps
     20th Floor
     One Maritime Plaza
     San Francisco, CA 94111-3580

RAM Sale Number: 1186
RAM Accounting Date: 01/11/2005

Serial Number: 78545440
Internet Transmission Date: Tue Jan 11 13:30:43 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXXXX-20050111133043071
207-78545440-200bb8f42c829947f2545674cd3
8e811428-DA-1186-20050111132906239608