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: FOCALPOINT
SERIAL NUMBER: 78873454

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

The applicant, OmniLink Systems, Inc., having an address of Suite 100, 6120 Windward Parkway, Alpharetta, Georgia United States 30005, 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 009:
Current identification: positioning, tracking, monitoring and security systems comprised of wireless communications transmitters and receivers, global positioning system (GPS) receiver board, antennas and software for operating such systems; software for analyzing, interpreting and mapping data received from positioning, tracking, monitoring and security systems; personal and vehicle tracking units comprised of an antenna and radio transmitter to be placed in a vehicle or carried with a person

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: positioning, tracking, monitoring and security systems comprised of wireless communications transmitters and receivers, global positioning system (GPS) receiver board, antennas and software for operating such systems; personal and vehicle tracking units comprised of an antenna and radio transmitter to be placed in a vehicle or carried with a person.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: software for analyzing, interpreting and mapping data received from positioning, tracking, monitoring and security systems. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/28/2006, and first used in commerce at least as early as 07/28/2006, 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) website screenshots.
Specimen File1
Specimen File2

For International Class 038:
Current identification: communication services, namely providing the electronic transmission of data and information utilizing global positioning satellite and terrestrial location systems to locate, monitor and manage assets and personnel; telecommunications services, namely the electronic transmission of voice messages and data for emergency services administration and response, offender monitoring administration and response, healthcare administration and response, assisted living administration and response, radio dispatched service vehicles, mobile asset tracking, first responders incident tracking, alarm and security company response and dispatch, and remote device activation and deactivation

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 or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/28/2006, and first used in commerce at least as early as 07/28/2006, 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) website screeshots.
Specimen File1

For International Class 035:
Current identification: licensing of asset and personnel location monitoring systems; and collection, acquiring, storing, and processing asset and personnel location data, statistics and indices

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 or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/28/2006, and first used in commerce at least as early as 07/28/2006, 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) website screenshots.
Specimen File1
Specimen File2

For International Class 045:
Current identification: electronic monitoring services for security purposes in the field of asset and personnel tracking using wireless communications network and global positioning system, radio frequency identification, biometrics, and terrestrial location systems; call center services providing tracking, location and monitoring information about assets and personnel for security purposes

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 or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 07/28/2006, and first used in commerce at least as early as 07/28/2006, 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) website screenshots.
Specimen File1
Specimen File2

The applicant hereby appoints Ann K. Ford and Thomas E. Zutic, Ryan C. Compton, and Jennifer A. Zador of  DLA PIPER US LLP, 500 Eighth Street, NW, Washington, District of Columbia United States 20004 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 364433-12.

A fee payment in the amount of $400 will be submitted with the form, representing payment for 4 classes.


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: /Keith Landers/      Date Signed: 02/06/2008
Signatory's Name: Keith Landers
Signatory's Position: Chief Operating Officer

Mailing Address:
   DLA PIPER US LLP
   
   1200 Nineteenth Street, NW
   Washington, District of Columbia 20036-2412

Mailing Address:
   DLA PIPER US LLP
   
   500 Eighth Street, NW
   Washington, District of Columbia 20004

RAM Sale Number: 3060
RAM Accounting Date: 02/07/2008

Serial Number: 78873454
Internet Transmission Date: Wed Feb 06 18:17:38 EST 2008
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-200802061817383
10211-78873454-400ae9579b1615d23aaf879a8
bcb3929-CC-3060-20080206170253344708