Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 140

Declaration of Joseph G. Fiorino in Support of 112 Go Daddy's Motion for Summary Judgment filed by GoDaddy.com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Slafsky, John) (Filed on 11/23/2011) Modified on 11/28/2011 (vlk, COURT STAFF).

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EXHIBIT 6 PTO Form 1553 (Rev 9/2005) OMB No. 0651-0054 (Exp. 09/30/2011) Trademark/Service Mark Statement of Use (15 U.S.C. Section 1051(d)) The table below presents the data as entered. Input Field Entered SERIAL NUMBER 78661118 LAW OFFICE ASSIGNED LAW OFFICE 106 NOTICE OF ALLOWANCE YES EXTENSION OF USE NO REQUEST TO DIVIDE NO MARK SECTION STANDARD CHARACTERS NO USPTO-GENERATED IMAGE NO OWNER SECTION (current) NAME Chevron Corporation STREET 6001 Bollinger Canyon Road CITY San Ramon STATE California ZIP/POSTAL CODE 94583 COUNTRY United States PHONE (925) 842-1557 FAX (925) 842-2022 OWNER SECTION (proposed) NAME Chevron Corporation STREET 6001 Bollinger Canyon Road CITY San Ramon STATE California ZIP/POSTAL CODE 94583 COUNTRY United States PHONE (925) 842-1557 FAX (925) 842-2022 EMAIL trademarks@chevron.com ATTORNEY SECTION (current) NAME Tina M. Pompey FIRM NAME CHEVRON CORPORATION STREET 6001 Bollinger Canyon Road CITY SAN RAMON STATE California POSTAL CODE 94583-0806 COUNTRY United States PHONE (925) 842-1557 FAX (925) 842-2022 EMAIL tinapompey@chevron.com ATTORNEY SECTION (proposed) NAME Tina M. Pompey FIRM NAME CHEVRON CORPORATION STREET 6001 Bollinger Canyon Road CITY SAN RAMON STATE California POSTAL CODE 94583-0806 COUNTRY United States PHONE (925) 842-1557 FAX (925) 842-2022 EMAIL trademarks@chevron.com AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes OTHER APPOINTED ATTORNEY Eliane Setton GOODS AND/OR SERVICES SECTION INTERNATIONAL CLASS 004 CURRENT IDENTIFICATION petroleum and petroleum-derived products for industrial and automotive use, namely motor fuels, motor oils and engine lubricants, lubricating oils and greases, fuel oil, fuels for burning, heating and cooking, diesel fuel; base oils used as lubricants; kerosene; aviation fuel; industrial oils and lubricants; synthetic oils and lubricants; natural gas; liquefied natural gas; lubricants for marine use; petroleum naphthas; hydraulic oils GOODS OR SERVICES DELETED FROM THE APPLICATION OR INCLUDED IN A SEPARATE REQUEST TO DIVIDE Fuels for burning, heating and cooking, Kerosene, Petroleum Naphthas GOODS OR SERVICES IN USE IN COMMERCE Petroleum and petroleum-derived products for industrial and automotive use, namely motor fuels, motor oils and engine lubricants, lubricating oils and greases, fuel oil, diesel fuel; base oils used as lubricants; aviation fuel; industrial oils and lubricants; synthetic oils and lubricants; natural gas; liquefied natural gas; lubricants for marine use; hydraulic oils. FIRST USE ANYWHERE DATE 10/01/2007 FIRST USE IN COMMERCE DATE 10/01/2007 SPECIMEN FILE NAME(S) \\TICRS\EXPORT\IMAGEOUT\7 86\611\78661118\xml2\SOU0 002.JPG SPECIMEN DESCRIPTION Scanned product label featuring the mark as affixed to the goods. PAYMENT SECTION NUMBER OF CLASSES 1 SUBTOTAL AMOUNT 100 TOTAL AMOUNT 100 SIGNATURE SECTION SIGNATURE /Tina M. Pompey/ SIGNATORY'S NAME Tina M. Pompey SIGNATORY'S POSITION Senior Counsel DATE SIGNED 04/23/2008 FILING INFORMATION SUBMIT DATE Thu Apr 24 14:59:37 EDT 2008 USPTO/SOU-144.5.140.22-20 080424145937457814-786611 TEAS STAMP 18-400988716bcb7d7a3d8b74 74942602ca0e5-DA-320-2008 0423184615185762 PTO Form 1553 (Rev 9/2005) OMB No. 0651-0054 (Exp. 09/30/2011) Trademark/Service Mark Statement of Use (15 U.S.C. Section 1051(d)) To the Commissioner for Trademarks: MARK: CHEVRON (stylized and/or with design) SERIAL NUMBER: 78661118 This Allegation of Use is being filed after a Notice of Allowance has issued. The applicant, Chevron Corporation, having an address of 6001 Bollinger Canyon Road, San Ramon, California United States 94583, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows: For International Class 004: Current identification: petroleum and petroleum-derived products for industrial and automotive use, namely motor fuels, motor oils and engine lubricants, lubricating oils and greases, fuel oil, fuels for burning, heating and cooking, diesel fuel; base oils used as lubricants; kerosene; aviation fuel; industrial oils and lubricants; synthetic oils and lubricants; natural gas; liquefied natural gas; lubricants for marine use; petroleum naphthas; hydraulic oils The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: Fuels for burning, heating and cooking, Kerosene, Petroleum Naphthas. The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Petroleum and petroleum-derived products for industrial and automotive use, namely motor fuels, motor oils and engine lubricants, lubricating oils and greases, fuel oil, diesel fuel; base oils used as lubricants; aviation fuel; industrial oils and lubricants; synthetic oils and lubricants; natural gas; liquefied natural gas; lubricants for marine use; hydraulic oils.. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/01/2007, and first used in commerce at least as early as 10/01/2007, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Scanned product label featuring the mark as affixed to the goods.. Specimen File1 The applicant hereby appoints Tina M. Pompey and Eliane Setton of CHEVRON CORPORATION, 6001 Bollinger Canyon Road, SAN RAMON, California United States 94583-0806 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class. Declaration Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce. The undersigned being hereby warned that willful false statements and the like 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /Tina M. Pompey/ Date Signed: 04/23/2008 Signatory's Name: Tina M. Pompey Signatory's Position: Senior Counsel Mailing Address: CHEVRON CORPORATION 6001 Bollinger Canyon Road SAN RAMON, California 94583-0806 Mailing Address: CHEVRON CORPORATION 6001 Bollinger Canyon Road SAN RAMON, California 94583-0806 RAM Sale Number: 320 RAM Accounting Date: 04/25/2008 Serial Number: 78661118 Internet Transmission Date: Thu Apr 24 14:59:37 EDT 2008 TEAS Stamp: USPTO/SOU-144.5.140.22-20080424145937457 814-78661118-400988716bcb7d7a3d8b7474942 602ca0e5-DA-320-20080423184615185762

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