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: 78881722
Filing Date: 05/11/2006

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 FOLOTYN.

The applicant, Allos Therapeutics, Inc., a corporation of Delaware, residing at 11080 Circle Point Road, Suite 200, Westminster, Colorado, United States, 80020, 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 005: Pharmaceuticals and pharmaceutical preparations for the treatment of cancer

The applicant hereby appoints Thomas D. Bratschun and Barry J. Swanson, Rosemary P. Kellogg, Margaret M. Wall, James L. Brown. Mary Breen Smith and Katherine Lobel-Rice of Swanson & Bratschun, L.L.C., 1745 Shea Center Drive, Suite 330, Highlands Ranch, Colorado, United States, 80129 to submit this application on behalf of the applicant. The attorney docket/reference number is ALL.10-TM.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: efs@sbiplaw.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: /TD Bratschun/   Date: 05/11/2006
Signatory's Name: Thomas D. Bratschun
Signatory's Position: Attorney


Mailing Address:
     Thomas D. Bratschun
     1745 Shea Center Drive, Suite 330
     Highlands Ranch, Colorado 80129

RAM Sale Number: 447
RAM Accounting Date: 05/12/2006

Serial Number: 78881722
Internet Transmission Date: Thu May 11 17:07:57 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXX-20060511170757544561-
78881722-200a24f43322021535b2a67c2f11d46
2b9f-CC-447-20060511170619687005