Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: RAGE
SERIAL NUMBER: 78663783

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, FMC CORPORATION, having an address of 1735 Market Street, Philadelphia, Pennsylvania United States 19103, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 005:
Current identification: Preparations for the destruction of pests and weeds, namely, pesticides, fungicides and herbicides for agricultural use, for home, garden and lawn use and for professional use

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: fungicides, for home, garden and lawn use and for professional use.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Preparations for the destruction of pests and weeds, namely, pesticides and herbicides for agricultural use. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/09/2007, and first used in commerce at least as early as 10/09/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) PRODUCT PACKAGING LABEL.
Specimen File1

The applicant hereby appoints Timothy D. Pecsenye and ALFRED W. ZAHER, BRUCE D. GEORGE, PATRICK J. FARLEY, SEAN DWYER, DAVID M. PERRY, EMILY J. BARNHART, LISA CASEY SPANIEL, MEGAN E. SPITZ, and ZACHARY A. ARIA of  BLANK ROME LLP, 1 LOGAN SQ, PHILADELPHIA, Pennsylvania United States 19103-6998 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 2295USA001.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /marcia d pintzuk/      Date Signed: 12/06/2007
Signatory's Name: Marcia D. Pintzuk
Signatory's Position: Assistant Secretary

Mailing Address:
   BLANK ROME LLP
   
   1 LOGAN SQ
   PHILADELPHIA, Pennsylvania 19103-6998

Mailing Address:
   BLANK ROME LLP
   
   1 LOGAN SQ
   PHILADELPHIA, Pennsylvania 19103-6998

RAM Sale Number: 5869
RAM Accounting Date: 12/06/2007

Serial Number: 78663783
Internet Transmission Date: Thu Dec 06 10:22:55 EST 2007
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20071206102255378
129-78663783-400dc1fc65f33b35d4033dffada
19ebd66-DA-5869-20071205174553070030