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: 78548177
Filing Date: 01/14/2005

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 WHALEN STORAGE.

The applicant, Whalen Furniture Manufacturing, Inc., a corporation of California, residing at 1578 Air Wing Road, San Diego, CA, United States, 92154, 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 020: steel storage shelving

The applicant hereby appoints Heidi L. Eisenhut and Richard Sybert, Gordon Endow, Susan Meyer, James McClain, Neil Martin and John Haller of Gordon and Rees LLP, 101 West Broadway Suite 1600, San Diego, CA, United States, 92101 to submit this application on behalf of the applicant. The attorney docket/reference number is BWFMI 1019989.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: sdipdocket@gordonrees.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: /Kenneth J. Whalen/   Date: 01/14/2005
Signatory's Name: Kenneth J. Whalen
Signatory's Position: Chief Executive Officer


Mailing Address:
     Heidi L. Eisenhut
     101 West Broadway Suite 1600
     San Diego, CA 92101

RAM Sale Number: 583
RAM Accounting Date: 01/18/2005

Serial Number: 78548177
Internet Transmission Date: Fri Jan 14 19:33:27 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20050114193327703667
-78548177-2004cfd4ec558c357e50305df31138
93f-DA-583-20050114193057180901