Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85020733

Filing Date: 04/22/2010

To the Commissioner for Trademarks:

MARK: SWELL (Standard Characters, see mark)
The literal element of the mark consists of SWELL.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Swell, Inc., a corporation of Delaware, having an address of
      179 Sullivan Street, No. 3
      New York, New York 10012
      United States
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, for the following:

       International Class 035:  Advertising agency services; advertising and marketing services; branding services, namely, consulting, development, management and marketing of brands for others; post-production editing services for video and audio commercials
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 041:  Entertainment services in the nature of development, production, and post-production services in the fields of music, video, advertising, and films
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)).


The applicant's current Attorney Information:
Michelle A. Massicotte, Esq. and Jason C. Kravitz, Esq Richard Flaggert, Esq. of Nixon Peabody LLP
      100 Summer Street
      Boston, Massachusetts 02110-2131
      United States

The applicant's current Correspondence Information:

Michelle A. Massicotte, Esq.

Nixon Peabody LLP

100 Summer Street

Boston, Massachusetts 02110-2131

617-345-1341(phone)

866-672-0455(fax)

matm@nixonpeabody.com (authorized)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2 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: /Michelle A. Massicotte/   Date Signed: 04/22/2010
Signatory's Name: Michelle A. Massicotte
Signatory's Position: Attorney of record, MA bar member



RAM Sale Number: 1179
RAM Accounting Date: 04/23/2010

Serial Number: 85020733
Internet Transmission Date: Thu Apr 22 15:01:42 EDT 2010
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201004221501427
57781-85020733-460ea4f4b1b48bee58a72d884
704f8de0e7-DA-1179-20100422145023845407