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: 78922923
Filing Date: 07/05/2006

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 SPORTAL.

The applicant, Sportal Australia Pty Ltd., a company organized under the laws of Australia, residing at Ground Floor, South, 120 Harbour Esplanade, Docklands, Victoria, Australia, 3008, 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 009: Downloadable electronic publications in the nature of newsletters and magazines about sports, sporting activities, professional and amateur sports persons
       International Class 041: Electronic publishing services namely, publication of text and graphic works of others; online CDs and DVDs about sports, sporting activities, professional and amateur sports persons; publishing and distribution of newsletters, books, magazines, and electronic publications

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of Australia registration number 783844, registered 01/25/1999 with a renewal date of 01/25/2009 and an expiration date of __________, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

      International Class 016: Printed matter; publications; magazines; newsletters; books; directories; computer programmes recorded on paper or cardboard; pamphlets; graphic reproductions and representations; graphic prints; bags; calendars; stationery; posters; pictures; mouse mats; pens; pencils; greeting cards; writing materials; playing-cards; note-books; advertisement boards; boxes

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of Australia registration number 783844, registered 01/25/1999 with a renewal date of 01/25/2009 and an expiration date of __________, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

      International Class 038: Commmunication services; communication services concerning information about sport, sporting activities, professional and amateur sports persons; broadcasting services; computer-aided transmission of messages and images; message-sending; electronic communication services; telecommunication services; communications utilising computers

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of Australia registration number 783844, registered 01/25/1999 with a renewal date of 01/25/2009 and an expiration date of __________, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

      International Class 042: Providing access to online information and communication services; consultancy in the field of providing access to online information and communication services

The applicant hereby appoints Lawrence E. Apolzon of Fross Zelnick Lehrman & Zissu, P.C., 866 United Nations Plaza, New York, New York, United States, 10017 to submit this application on behalf of the applicant. The attorney docket/reference number is SPAU 0604448.

The applicant hereby appoints Fross Zelnick Lehrman & Zissu, P.C. of  Fross Zelnick Lehrman & Zissu, P.C., 866 United Nations Plaza, New York, New York, United States (USX) 10017 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

A fee payment in the amount of $1625 will be submitted with the application, representing payment for 5 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: /lea/   Date: 07/05/2006
Signatory's Name: Lawrence E. Apolzon
Signatory's Position: Attorney


Mailing Address:
     Lawrence E. Apolzon
     866 United Nations Plaza
     New York, New York 10017

RAM Sale Number: 577
RAM Accounting Date: 07/06/2006

Serial Number: 78922923
Internet Transmission Date: Wed Jul 05 17:59:42 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20060705175942753480
-78922923-20024cf2f7b937eaf8b8ae04de6ed4
b42-DA-577-20060705175202941955