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: FOLOTYN
SERIAL NUMBER: 78881722

The applicant, Allos Therapeutics, Inc., having an address of
      Suite 200
      Westminster, Colorado 80020
      United States
is submitting the following allegation of use information:

For International Class 005:
Current identification: Pharmaceuticals and pharmaceutical preparations for the treatment of cancer

This allegation of use does NOT cover the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods or services are either being permanently deleted or included in a Request to Divide: Pharmaceuticals and

The mark is in use in commerce on or in connection with the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Pharmaceutical preparations for the treatment of cancer
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/02/2009, and first used in commerce at least as early as 10/02/2009, 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) Packaging for the goods displaying the mark.
Specimen File1



The applicant is not filing a Request to Divide with this Allegation of Use form.


A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use 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 so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form 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 form is being filed under 15 U.S.C. Section 1126(d) or (e), 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: /Marc Graboyes/      Date Signed: 11/10/2009
Signatory's Name: Marc Graboyes
Signatory's Position: Vice President, General Counsel

RAM Sale Number: 6658
RAM Accounting Date: 11/12/2009

Serial Number: 78881722
Internet Transmission Date: Wed Nov 11 10:30:55 EST 2009
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-200911111030553
49147-78881722-46091dc93edec18c31f88931e
fdd805b-CC-6658-20091109103316010666