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: 78902129
Filing Date: 06/06/2006

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 TourGuide.

The applicant, Garmin Ltd., a corporation of Cayman Islands, residing at PO Box 30464 SMB, 5th Floor, Harbour Pl., 103 South Church Street, George Town, Cayman Islands, , 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.

The applicant, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

      International Class 009: Computer software for the marking and uploading of information about places of interest to a global positioning system, and retrieval of this information via audio transmission and visual display, sold as a component of a global positioning system unit

In International Class 009, the mark was first used at least as early as 05/00/2006, and first used in commerce at least as early as 05/00/2006, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) image of a product manual.

      Specimen - 1

The applicant hereby appoints Andrew R. Etkind of Garmin International, Inc., 1200 East 151st Street, Olathe, Kansas, United States, 66062 to submit this application on behalf of the applicant. The attorney docket/reference number is 701.367.

The applicant hereby appoints Min H. Kao of  Garmin International, Inc., 1200 East 151st Street, Olathe, Kansas, United States (USX) 66062 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: trademarks@garmin.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: /Andrew R. Etkind/   Date: 06/06/2006
Signatory's Name: Andrew R. Etkind
Signatory's Position: Attorney


Mailing Address:
     Andrew R. Etkind
     1200 East 151st Street
     Olathe, Kansas 66062

RAM Sale Number: 1077
RAM Accounting Date: 06/07/2006

Serial Number: 78902129
Internet Transmission Date: Tue Jun 06 18:12:38 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXX-20060606181238155319-
78902129-2003415822a4177a7ca8b638691f6f1
1d5-DA-1077-20060606181110529192