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: 78934599
Filing Date: 07/21/2006

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 PROSTEP.

The applicant, PROSTEP AG, a AKTIENGESELLSCHAFT (AG) organized under the laws of Germany, residing at Dolivostraße 11, 64293 Darmstadt, Germany, , 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 035: Business organization and management consulting services in the fields of business process integration, product life cycle management, product data management and computer aided consulting
      International Class 041: Training in the use and operation of software in the fields of business process integration, product life cycle management, product data management and computer aided design, computer aided manufacturing and computer aided consulting
      International Class 042: Integration of computer systems and networks; cross-platform and cross-systems conversion of computer data into other forms of computer data; data conversion of computer program data or information; consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; computer software consultation services for others; computer software design for others; consultancy in the field of software design; customization of computer hardware and software; development of computer programs for use in computer aided design and computer aided manufacturing

In International Class 035, the mark was first used at least as early as 00/00/1996, and first used in commerce at least as early as 07/01/2006, 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) screenshot from Applicant's website.

      Specimen - 1

In International Class 041, the mark was first used at least as early as 00/00/1996, and first used in commerce at least as early as 07/01/2006, 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) screenshot from Applicant's website.

      Specimen - 1

In International Class 042, the mark was first used at least as early as 00/00/1996, and first used in commerce at least as early as 07/01/2006, 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) screenshot from Applicant's website.

      Specimen - 1

The applicant hereby appoints Thilo C. Agthe and Henry Roske and Moritz Schumann of Bagg, Roske & Associates, LLP, Suite 4810, 500 5th Avenue, New York, New York, United States, 10110 to submit this application on behalf of the applicant.

The applicant hereby appoints Thilo C. Agthe of  Bagg, Roske & Associates, LLP, Suite 4810, 500 5th Avenue, New York, New York, United States (USX) 10110 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: tagthe@br-uslaw.com.

A fee payment in the amount of $975 will be submitted with the application, representing payment for 3 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: /Thilo C. Agthe/   Date: 07/21/2006
Signatory's Name: Thilo C. Agthe
Signatory's Position: Attorney for Applicant


Mailing Address:
     Thilo C. Agthe
     Suite 4810
     500 5th Avenue
     New York, New York 10110

RAM Sale Number: 1287
RAM Accounting Date: 07/21/2006

Serial Number: 78934599
Internet Transmission Date: Fri Jul 21 11:58:38 EDT 2006
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2006072111583843149
7-78934599-200abebc81dfe24e965640ff90ce5
b2a5b-CC-1287-20060721114601492670