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					To: Subject: Sent: Sent As: Attachments:

Twitpic Inc. (cdukelow@abingtonlaw.com) U.S. TRADEMARK APPLICATION NO. 77842554 - TWITPIC - 10104 11/12/2009 9:26:38 AM ECOM115@USPTO.GOV

UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: MARK: TWITPIC CORRESPONDENT ADDRESS: CORNELIUS P. DUKELOW ABINGTON INTELLECTUAL PROPERTY LAW GROUP 10026A S MINGO RD # 240 TULSA, OK 74133-5700 APPLICANT: Twitpic Inc. 77/842554

*77842554*
GENERAL TRADEMARK INFORMATION:

http://www.uspto.gov/main/trademarks.htm

CORRESPONDENT’S REFERENCE/DOCKET NO: 10104 CORRESPONDENT E-MAIL ADDRESS: cdukelow@abingtonlaw.com

NOTICE OF SUSPENSION ISSUE/MAILING DATE: 11/12/2009 This Office action is in response to applicant’s communication filed on October 23, 2009. Applicant’s amended identification is accepted and made of record. The status of the application is as follows: SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below. No response is needed. However, if you wish to respond to this notice, you should use the “Response to Letter of Suspension” form found athttp://teasroa.uspto.gov/rsi/rsi. The Office will conduct periodic status checks to determine if suspension remains appropriate. Action on this application is suspended pending the disposition of:

- Application Serial No(s). 77728844, 77742689, and 77811096 Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application in a refusal to register under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d). See 37 C.F.R. §2.83; TMEP §§1208 et seq. A copy of information relevant to this pending application(s) was sent previously. Applicant may submit a request to remove the application from suspension to present arguments related to the potential conflict between the relevant application(s) or other arguments related to the ground for suspension. TMEP §716.03. Applicant's election not to present arguments during suspension will not affect the applicant's right to present arguments later should a refusal in fact issue. If a refusal does issue, applicant will be afforded 6 months from the mailing or e-mailing date of the Office action to submit a response. 15 U.S.C. §1062(b); 37 C.F.R. §2.62. Response Guidelines Applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the trademark examining attorney, (2) the serial number and filing date of the application, (3) the date of issuance of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a). If the applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned examining attorney.

/Matt Einstein/ Matt Einstein Trademark Examining Attorney Law Office 115 Phone: (571) 272-8251 STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

To: Subject: Sent: Sent As: Attachments:

Twitpic Inc. (cdukelow@abingtonlaw.com) U.S. TRADEMARK APPLICATION NO. 77842554 - TWITPIC - 10104 11/12/2009 9:26:42 AM ECOM115@USPTO.GOV

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION
Your trademark application (Serial No. 77842554) has been reviewed. The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 11/12/2009 to which you must respond (unless the Office letter specifically states that no response is required ). Please follow these steps:

1. Read the Office letter by clicking on this link http://tmportal.uspto.gov/external/portal/tow?DDA=Y&serial_number=77842554&doc_type=SUL&mail_date OR go to http://tmportal.uspto.gov/external/portal/tow and enter your serial number to access the Office letter. If you have difficulty accessing the Office letter, contact TDR@uspto.gov. PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.
2. Contact the examining attorney who reviewed your application if you have any questions about the

content of the Office letter (contact information appears at the end thereof). 3. Respond within 6 months, calculated from 11/12/2009 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you
have difficulty using TEAS, contact TEAS@uspto.gov.

ALERT:
Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application. Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.

Trademark Snap Shot Amendment & Mail Processing Stylesheet
(Table presents the data on Amendment & Mail Processing Complete)

OVERVIEW
SERIAL NUMBER REG NUMBER REGISTER INTL REG # TM ATTORNEY 77842554 0000000 PRINCIPAL N/A EINSTEIN, MATTHEW T FILING DATE REG DATE MARK TYPE INTL REG DATE L.O. ASSIGNED 10/06/2009 N/A SERVICE MARK N/A 115

PUB INFORMATION
RUN DATE PUB DATE STATUS STATUS DATE LITERAL MARK ELEMENT DATE ABANDONED SECTION 2F SECTION 8 SECTION 15 RENEWAL FILED DATE AMEND REG 10/24/2009 N/A 661-RESPONSE AFTER NON-FINAL-ACTION-ENTERED 10/23/2009 TWITPIC N/A NO NO NO NO N/A DATE CANCELLED SECTION 2F IN PART SECTION 8 IN PART REPUB 12C RENEWAL DATE N/A NO NO N/A N/A

FILING BASIS
FILED BASIS 1 (a) 1 (b) 44D 44E 66A NO BASIS YES NO NO NO NO NO 1 (a) 1 (b) 44D 44E 66A NO BASIS CURRENT BASIS YES NO NO NO NO NO 1 (a) 1 (b) 44D 44E AMENDED BASIS NO NO NO NO

MARK DATA
STANDARD CHARACTER MARK YES

LITERAL MARK ELEMENT MARK DRAWING CODE COLOR DRAWING FLAG

TWITPIC 4-STANDARD CHARACTER MARK NO

CURRENT OWNER INFORMATION
PARTY TYPE NAME ADDRESS ENTITY CITIZENSHIP 10-ORIGINAL APPLICANT Twitpic Inc. 7736 Farr St. Apt. 907 Charleston, SC 29492 03-CORPORATION Delaware

GOODS AND SERVICES
INTERNATIONAL CLASS DESCRIPTION TEXT 042 Computer services, namely, providing websites and mobile applications that give users the ability to upload, download, exchange, and share pictures and text

GOODS AND SERVICES CLASSIFICATION
INTERNATIONAL 042 CLASS FIRST USE DATE 01/31/2008 FIRST USE 02/05/2008 IN COMMERCE DATE CLASS STATUS 6-ACTIVE

MISCELLANEOUS INFORMATION/STATEMENTS
CHANGE IN REGISTRATION PSEUDO MARK NO TWITTER PICK

PROSECUTION HISTORY
DATE 10/23/2009 10/23/2009 10/23/2009 10/22/2009 10/22/2009 10/22/2009 10/20/2009 ENT CD TEME CRFA TROA GNRN GNRT CNRT DOCK ENT TYPE I I I O F R D DESCRIPTION TEAS/EMAIL CORRESPONDENCE ENTERED CORRESPONDENCE RECEIVED IN LAW OFFICE TEAS RESPONSE TO OFFICE ACTION RECEIVED NOTIFICATION OF NON-FINAL ACTION E-MAILED NON-FINAL ACTION E-MAILED NON-FINAL ACTION WRITTEN ASSIGNED TO EXAMINER ENT NUM 010 009 008 007 006 005 004

10/15/2009 10/14/2009 10/09/2009

MPMK NWOS NWAP

O I I

NOTICE OF PSEUDO MARK MAILED NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM NEW APPLICATION ENTERED IN TRAM

003 002 001

CURRENT CORRESPONDENCE INFORMATION
ATTORNEY CORRESPONDENCE ADDRESS Cornelius P. Dukelow CORNELIUS P. DUKELOW ABINGTON INTELLECTUAL PROPERTY LAW GROUP 10026A S MINGO RD # 240 TULSA, OK 74133-5700 NONE

DOMESTIC REPRESENTATIVE

PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action
The table below presents the data as entered.
Input Field SERIAL NUMBER LAW OFFICE ASSIGNED MARK SECTION (no change) GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS DESCRIPTION

Entered 77842554 LAW OFFICE 115

042

Computer services, namely, providing a platform that gives users the ability to upload, download, exchange, and share media
FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

Section 1(a) At least as early as 01/31/2008 At least as early as 02/05/2008

GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS TRACKED TEXT DESCRIPTION

042

Computer services, namely, providing a platform that gives users the ability to upload, download, exchange, and share media; Computer services, namely, providing websites and mobile applications that give users the ability to upload, download, exchange, and share pictures and text
FINAL DESCRIPTION

Computer services, namely, providing websites and mobile applications that give users the ability to upload, download, exchange, and share pictures and text
FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

Section 1(a) At least as early as 01/31/2008 At least as early as 02/05/2008

SIGNATURE SECTION
RESPONSE SIGNATURE

/Cornelius P. Dukelow/

SIGNATORY'S NAME SIGNATORY'S POSITION DATE SIGNED AUTHORIZED SIGNATORY

Cornelius P. Dukelow Attorney of record, Oklahoma and USPTO bar member. 10/23/2009 YES

FILING INFORMATION SECTION
SUBMIT DATE

Fri Oct 23 11:05:11 EDT 2009 USPTO/ROA-72.213.173.55-2 0091023110511659070-77842 554-460b0df589d3f82bec928 d4ff6eed79c63-N/A-N/A-200 91023110009384025

TEAS STAMP

PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action To the Commissioner for Trademarks:
Application serial no. 77842554 has been amended as follows: CLASSIFICATION AND LISTING OF GOODS/SERVICES Applicant proposes to amend the following class of goods/services in the application: Current: Class 042 for Computer services, namely, providing a platform that gives users the ability to upload, download, exchange, and share media Original Filing Basis: Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/31/2008 and first used in commerce at least as early as 02/05/2008, and is now in use in such commerce. Proposed: Tracked Text Description: Computer services, namely, providing a platform that gives users the ability to upload, download, exchange, and share media; Computer services, namely, providing websites and mobile applications that give users the ability to upload, download, exchange, and share pictures and text Class 042 for Computer services, namely, providing websites and mobile applications that give users the ability to upload, download, exchange, and share pictures and text Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least

as early as 01/31/2008 and first used in commerce at least as early as 02/05/2008, and is now in use in such commerce. SIGNATURE(S) Response Signature Signature: /Cornelius P. Dukelow/ Date: 10/23/2009 Signatory's Name: Cornelius P. Dukelow Signatory's Position: Attorney of record, Oklahoma and USPTO bar member. The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter. Serial Number: 77842554 Internet Transmission Date: Fri Oct 23 11:05:11 EDT 2009 TEAS Stamp: USPTO/ROA-72.213.173.55-2009102311051165 9070-77842554-460b0df589d3f82bec928d4ff6 eed79c63-N/A-N/A-20091023110009384025

To: Subject: Sent: Sent As:

Twitpic Inc. (cdukelow@abingtonlaw.com) U.S. TRADEMARK APPLICATION NO. 77842554 - TWITPIC - 10104 10/22/2009 3:57:03 PM ECOM115@USPTO.GOV

Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6

UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: MARK: TWITPIC CORRESPONDENT ADDRESS: CORNELIUS P. DUKELOW ABINGTON INTELLECTUAL PROPERTY LAW GROUP 10026A S MINGO RD # 240 TULSA, OK 74133-5700 77/842554

*77842554*
RESPOND TO THIS ACTION: http://www.uspto.gov/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION:

http://www.uspto.gov/main/trademarks.htm

APPLICANT:

Twitpic Inc.

CORRESPONDENT’S REFERENCE/DOCKET NO: 10104 CORRESPONDENT E-MAIL ADDRESS: cdukelow@abingtonlaw.com

OFFICE ACTION
TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE. ISSUE/MAILING DATE: 10/22/2009 The referenced application has been reviewed by the assigned trademark examining attorney. Applicant

must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03. Prior Pending Applications The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no similar registered mark that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, marks in prior-filed pending applications may present a bar to registration of applicant’s mark. The filing dates of pending Application Serial Nos. 77728844, 77742689, and 77811096 precede applicant’s filing date. See attached referenced applications. If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s). See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application. In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues. Identification of Services The identification of services is indefinite and must be clarified because it is unclear what is meant by the term “platform” and what type of “media” is involved. See TMEP §1402.01. Applicant must amend this wording to specify the common commercial or generic name for the services. If there is no common commercial or generic name for the services, then applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s). Applicant may adopt the following, if accurate: “Computer services, namely, providing a website featuring temporary use of nondownloadable software that gives users the ability to upload, download, exchange, and share [specify type of media, e.g., pictures, video, audio],” in International Class 42. Identifications of services can be amended only to clarify or limit the services; adding to or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification. For assistance with identifying and classifying services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.uspto.gov/netahtml/tidm.html. See TMEP §1402.04. Response Guidelines Applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the trademark examining attorney, (2) the serial number and filing date

of the application, (3) the date of issuance of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a). If the applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned examining attorney.

/Matt Einstein/ Matt Einstein Trademark Examining Attorney Law Office 115 Phone: (571) 272-8251

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.uspto.gov/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses. If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451. STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.

To: Subject: Sent: Sent As: Attachments:

Twitpic Inc. (cdukelow@abingtonlaw.com) U.S. TRADEMARK APPLICATION NO. 77842554 - TWITPIC - 10104 10/22/2009 3:57:07 PM ECOM115@USPTO.GOV

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION
Your trademark application (Serial No. 77842554) has been reviewed. The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 10/22/2009 to which you must respond (unless the Office letter specifically states that no response is required ). Please follow these steps:

1. Read the Office letter by clicking on this link http://tmportal.uspto.gov/external/portal/tow?DDA=Y&serial_number=77842554&doc_type=OOA&mail_date OR go to http://tmportal.uspto.gov/external/portal/tow and enter your serial number to access the Office letter. If you have difficulty accessing the Office letter, contact TDR@uspto.gov. PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.
2. Contact the examining attorney who reviewed your application if you have any questions about the

content of the Office letter (contact information appears at the end thereof). 3. Respond within 6 months, calculated from 10/22/2009 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you
have difficulty using TEAS, contact TEAS@uspto.gov.

ALERT:
Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application. Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.

*** User:meinstein *** # Total Dead Marks 01 02 03 1075 98813 16 Marks 592 N/A 9

Live Viewed Docs 483 483 7

Live Viewed Images 358 358 6

Status/ Search Duration 0:01 0:04 0:01

Search

*tw{v:2}t*[bi,ti] *p{v}{"ckxq"}*[bi,ti] 1 and 2

Session started 10/21/2009 2:55:21 PM Session finished 10/21/2009 3:05:41 PM Total search duration 0 minutes 6 seconds Session duration 10 minutes 20 seconds Defaut NEAR limit=1ADJ limit=1

Sent to TICRS as Serial Number: 77842554

From: Sent: To: Subject:

TMDesignCodeComments Thursday, October 15, 2009 00:16 AM cdukelow@abingtonlaw.com Notice of Pseudo Mark for Serial Number: 77842554

ATTORNEY REFERENCE NUMBER:

10104

The USPTO may assign pseudo marks, as appropriate, to new applications to assist in searching the USPTO database for conflicting marks. They have no legal significance and will not appear on the registration certificate.A PSEUDO MARK

may be assigned to marks that include words, numbers, compound words, symbols, or acronyms that can have alternative spellings or meanings. For example, if the mark comprises the words 'YOU ARE' surrounded by a design of a box, the pseudo mark field in the USPTO database would display the mark as 'YOU ARE SQUARE'. A mark filed as 'URGR8' would receive a pseudo mark of 'YOU ARE GREAT'. Response to this notice is not required; however, to suggest additions or changes to the pseudo mark assigned to your mark, please e-mail TMDesignCodeComments@USPTO.GOV. You must reference your application serial number within your request. The USPTO will review the proposal and update the record, if appropriate. For questions, please call 1-800-786-9199 to speak to a Customer Service representative. The USPTO will not send any further response to your e-mail. Check TESS in approximately two weeks to see if the requested changes have been entered. Requests deemed unnecessary or inappropriate will not be entered. Pseudo marks assigned to the referenced serial number are listed below. PSEUDO MARK:
TWITTER PICK

PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register
Serial Number: 77842554 Filing Date: 10/06/2009

The table below presents the data as entered.
Input Field SERIAL NUMBER 77842554 Entered

MARK INFORMATION
*MARK STANDARD CHARACTERS USPTOGENERATED IMAGE LITERAL ELEMENT MARK STATEMENT

TWITPIC YES YES TWITPIC The mark consists of standard characters, without claim to any particular font, style, size, or color. Principal

REGISTER

APPLICANT INFORMATION
*OWNER OF MARK *STREET *CITY *STATE (Required for U.S. applicants) *COUNTRY *ZIP/POSTAL CODE (Required for U.S. applicants only)

Twitpic Inc. 7736 Farr St. Apt. 907 Charleston South Carolina United States 29492

LEGAL ENTITY INFORMATION

TYPE STATE/COUNTRY OF INCORPORATION

corporation Delaware

GOODS AND/OR SERVICES AND BASIS INFORMATION
* INTERNATIONAL CLASS * IDENTIFICATION FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE

042 Computer services, namely, providing a platform that gives users the ability to upload, download, exchange, and share media. SECTION 1(a) At least as early as 01/31/2008 At least as early as 02/05/2008

SPECIMEN FILE NAME(S) ORIGINAL PDF FILE CONVERTED PDF FILE(S) (1 page) SPECIMEN DESCRIPTION

spec-7221317355-150339286_._TwitpicTMSpec.pdf \\TICRS\EXPORT8\IMAGEOUT8\778\425\77842554\xml1\APP0003.JPG Web page.

ATTORNEY INFORMATION
NAME ATTORNEY DOCKET NUMBER FIRM NAME STREET INTERNAL ADDRESS CITY STATE COUNTRY ZIP/POSTAL

Cornelius P. Dukelow 10104 Abington Intellectual Property Law Group, PC 10026-A South Mingo Road No. 240 Tulsa Oklahoma United States 74133

CODE PHONE FAX EMAIL ADDRESS AUTHORIZED TO COMMUNICATE VIA EMAIL

918.588.3400 918.588.3400 cdukelow@abingtonlaw.com Yes

CORRESPONDENCE INFORMATION
NAME FIRM NAME STREET INTERNAL ADDRESS CITY STATE COUNTRY ZIP/POSTAL CODE PHONE FAX EMAIL ADDRESS AUTHORIZED TO COMMUNICATE VIA EMAIL

Cornelius P. Dukelow Abington Intellectual Property Law Group, PC 10026-A South Mingo Road No. 240 Tulsa Oklahoma United States 74133 918.588.3400 918.588.3400 cdukelow@abingtonlaw.com Yes

FEE INFORMATION
NUMBER OF CLASSES FEE PER CLASS *TOTAL FEE DUE *TOTAL FEE PAID

1 325 325 325

SIGNATURE INFORMATION
SIGNATURE SIGNATORY'S

/Cornelius P. Dukelow/

NAME SIGNATORY'S POSITION DATE SIGNED

Cornelius P. Dukelow Attorney of record, Oklahoma and USPTO bar member. 10/06/2009

PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register
Serial Number: 77842554 Filing Date: 10/06/2009

To the Commissioner for Trademarks:
MARK: TWITPIC (Standard Characters, see mark) The literal element of the mark consists of TWITPIC. The mark consists of standard characters, without claim to any particular font, style, size, or color. The applicant, Twitpic Inc., a corporation of Delaware, having an address of 7736 Farr St. Apt. 907 Charleston, South Carolina 29492 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 042: Computer services, namely, providing a platform that gives users the ability to upload, download, exchange, and share media. In International Class 042, the mark was first used at least as early as 01/31/2008, and first used in commerce at least as early as 02/05/2008, and is now in use in such commerce. The applicant is submitting one specimen(s) 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) Web page.. Original PDF file: spec-7221317355-150339286_._TwitpicTMSpec.pdf Converted PDF file(s) (1 page) Specimen File1 The applicant hereby appoints Cornelius P. Dukelow of Abington Intellectual Property Law Group, PC

No. 240 10026-A South Mingo Road Tulsa, Oklahoma 74133 United States to submit this application on behalf of the applicant. The attorney docket/reference number is 10104. Correspondence Information: Cornelius P. Dukelow Abington Intellectual Property Law Group, PC No. 240 10026-A South Mingo Road Tulsa, Oklahoma 74133 918.588.3400(phone) 918.588.3400(fax) cdukelow@abingtonlaw.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. Signature: /Cornelius P. Dukelow/ Date Signed: 10/06/2009 Signatory's Name: Cornelius P. Dukelow Signatory's Position: Attorney of record, Oklahoma and USPTO bar member.

RAM Sale Number: 1531 RAM Accounting Date: 10/07/2009 Serial Number: 77842554 Internet Transmission Date: Tue Oct 06 15:20:22 EDT 2009 TEAS Stamp: USPTO/BAS-72.213.173.55-2009100615202278 1491-77842554-4607aa73dc28b1d2825fd9359d ae3729e4-CC-1531-20091006150339286194


				
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