Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

---

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78838519
Filing Date: 03/16/2006

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 ARBITER.

The applicant, Edward Kaplan, a citizen of United States, residing at 1070 Park Avenue, New York, New York, United States, 10128, 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 035: Financial and investment management services, namely fund management, hedge fund management, asset management, asset based financing, asset evaluation, brokerage services, provision and dissemination of financial information, financial management services, financial analysis services, investment analysis and advice, financial portfolio management, financial services relating to the securing of funds, financial trust management, trading of securites, share options and other derivative products, services relating to dealings in securities and commodities, investment advisory services, investment management services, fund transfer services, economic financial research services, services for the establishment of portfolios of securities, exchange services relating to the trading of futures or options, and fiduciary services.

The applicant hereby appoints Joshua D. Saviano and Jack Levy, Fred H. Perkins, David Lerner of Morrison Cohen LLP, 27th Floor, 909 Third Avenue, New York, New York, United States, 10022 to submit this application on behalf of the applicant. The attorney docket/reference number is 17903-001.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: jsaviano@morrisoncohen.com.

A fee payment in the amount of $325 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: /Joshua D. Saviano/   Date: 03/16/2006
Signatory's Name: Joshua D. Saviano
Signatory's Position: Attorney


Mailing Address:
     Joshua D. Saviano
     27th Floor
     909 Third Avenue
     New York, New York 10022

RAM Sale Number: 1130
RAM Accounting Date: 03/16/2006

Serial Number: 78838519
Internet Transmission Date: Thu Mar 16 10:24:48 EST 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200603161024485703
30-78838519-20095cc28314b1826e6b96628377
ebf1732-DA-1130-20060316102412198303