`
`STATE OF CONNECTICUT)
`) ss.:
`)
`
`COUNTYOFFAIRFIELD
`
`Danbury, Connecticut
`
`CHANE CULLENS, being duly sworn, deposes and says the following under
`penalty of perjury:
`
`1. I am the President of Bristol Technology, Inc. ("BRISTOL"), the Delaware
`Corporation that has applied for registration of its trademark "ESLEUTH" under
`serial number 75/863713 before the United States Patent and Trademark Office
`("USPTO").
`
`2. I submit this affidavit in support of my Company's May 16, 2001 response to the
`USPTO's Examining Attorney's Office Action letter of May 7, 2001, and make the
`statements set forth herein of my own personal knowledge and belief.
`
`3. The three (3) specimens being submitted with BRISTOL's Office Action reply are of
`a type that was in use in commerce with the mark "ESLEUTH" prior to the expiration
`of the time allowed to the applicant for filing a statement ofuse.
`
`4. The date of first use and date of first use in commerce for BRISTOL's ESLEUTH
`trademark in International Class 42 are December 27, 2000 and February 28, 2001
`respectively, as stated in the Amendment to Allege Use dated April2, 2001.
`
`5. I make this affidavit in order to satisfy the Examining Attorney's requirements in her
`Office Action letter, and in order to comply with 37 C.F.R. Sections 2.20.
`
`Chane Cullens
`
`Dated: May 16, 2001
`
`Sworn to before me
`This 16th day of May, 2001
`
`Mladen D. Kresic, Esq.
`Commissioner of the Superior Court
`State of Connecticut
`
`HP_1016_0001
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