Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

---

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85923944

Filing Date: 05/06/2013

To the Commissioner for Trademarks:

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

The applicant, NexSteppe Inc., a corporation of Delaware, having an address of
      Suite 202,
      400 East Jamie Court
      South San Francisco, California 94080
      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 031:  crop seeds; seeds, namely seeds for feedstock dedicated for use in biofuels, biopower and bio-based products
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:
      John L. Slafsky and Hillary I. Schroeder of WILSON SONSINI GOODRICH & ROSATI
      650 Page Mill Road
      Palo Alto, California 94304-1050
      United States
The attorney docket/reference number is 40696-TM1005.

The applicant's current Correspondence Information:

John L. Slafsky

WILSON SONSINI GOODRICH & ROSATI

650 Page Mill Road

Palo Alto, California 94304-1050

650-493-9300(phone)

650-493-6811(fax)

trademarks@wsgr.com (authorized)

A fee payment in the amount of $325 has been 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.

Declaration Signature

Signature: /C. Hans Miller/   Date: 05/02/2013
Signatory's Name: Carl Hans Miller
Signatory's Position: Vice President, Finance
RAM Sale Number: 85923944
RAM Accounting Date: 05/06/2013

Serial Number: 85923944
Internet Transmission Date: Mon May 06 11:22:43 EDT 2013
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2013050611224336
5385-85923944-50088ff54ca5c531babd42eb6b
a8ecd2dca6ceefa4cfd90d355dc3f2875684d34-
DA-9459-20130502175155655844