Free Complaint - District Court of Delaware - Delaware

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Int. CI.: 36 Prior U.S. Cls.: 100, 101 and 102 Reg. No. 2,367,423
Registered July 18, 2000

United States Patent and Trademark Office
SERVICE MARK
PRINCIPAL REGISTER

WEATHERPROOF BILL

WEATHERWISE USA LLC (DELAWARF. LIMITED LIABILITY COMPANY) ONE NORTH SHORE CENTER 12 FEDERAL STREET PIT'I'SBURGH, PA 15212 FOR: FINANCIAL SERVICES THAT MANAGE WEATHER RELATED FINANCIAL RISK. FOR ENERGY CONSUMERS, SUPPLIERS AND OTHERS, NAMELY, FINANCIAL SERVICES WHEREBY ENERGY CONSUMERS, SUPPLIERS AND OTHERS PAY

OR RECEIVE A PREDETERMINED AMOUNT FOR ENERGY REGARDLESS OF THE WEATHER; AND FINANCIAL SERVICES IN ARRANGING PURCHASE AND DELIVERY OF ENERGY, IN CLASS 36 (U.S. CLS. 100, 101 AND 102). FIRST USE 10-15-1996; IN COMMERCE 10-15-1996. SElL NO. 75-400,052, FILED 12--4-1997. JILL C. ALT, EXAMINING ATFORNEY

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United States Patent and Trademark Office
Home I Site Index I Search I Guides I Contacts I eBusiness I eBiz alerts I News I Help

Assignments on the Web > Trademark Query

Trademark Assignment Abstract of Title
Total Assignments: 4
Serial #: 75400052 Registrant: WeatherWise USA LLC Mark: WEATHERPROOF BILL Filing Dt: 12/04/1997 Reg #: 236742~3 Reg. Dt: 07/18/2000

Assignment: 1
Reel/Frame: 1992/0015 Received: 11/26/1999 Recorded: 11/15/1999 Pages: 4 Conveyance: MERGER AND CHANGE OF NAME Assignor: WEATHERWISE USA LLC Exec Dt: 09/13/1999 Entity Type: CORPORATION Citizenship: DELAWARE Entity Type: CORPORATION Citizenship: DELAWARE

Assignee:

WEATHERWISE USA, INC. 12 FEDERAL STREET PITTSBURGH, PENNSYLVANIA 15212 KIRKPATRICK & LOCKHART LLP JAMES R. KYPER 535 SMITHFIELD STREET PITTSBURGH, PA 15222 Received: 08/03/2005

Correspondent:

Assignment: 2
Reel/Frame: 3133/0200 Conveyance: Assignor: Recorded: 08/03/2005 Pages: 6 CORRECTIVE ASSIGNMENT TO CORRECT THE ASSIGNOR ENTITY TYPE TO LIMITED LIABILITY COMPANY PREVIOUSLY RECORDED ON REEL 001992 FRAME 0015. ASSIGNOR(S) HEREBY CONFIRMS THE MERGER AND CHANGE OF NAME. WEATHERWISE USA LLC Exec Dt: 09/13/1999 Entity Type: LIMITED LIABILITY COMPANY Citizenship: DELAWARE Assignee: WEATHERWISE USA, INC. 12 FEDERAL STREET ONE NORTH SHORE CENTER, SUITE 230 PI-I-FSBURGH, PENNSYLVANIA 15212 Correspondent: NEIL P. KEARNEY 535 SMITHFIELD STREET HENRY W. OLIVER BUILDING PITTSBURGH, PA 15222 Entity Type: CORPORATION Citizenship: DELAWARE

Assignment: 3
Reel/Frame: 3545/0624 Received: 05/19/2007 Recorded: 05/19/2007 Pages: 5 Conveyance: ASSIGNS THE ENTIRE INTEREST Assignor: WEATHERWISE USA, INC. Exec Dt: 05/18/2007 Entity Type: CORPORATION Citizenship: DELAWARE Assignee: PITTSBURGH TECHNOLOGY LICENSING CORP. 49 SOUTH 14TH STREET PII-ISBURGH, PENNSYLVANIA 15203 Entity Type: CORPORATION Citizenship: DELAWARE

Correspondent: DENNIS M. CARLETON 625 LIBERTY AVENUE 29TH FLOOR PI1-FSBURGH, PA 15222

Case 1:07-cv-00738-JJF
Assignment: 4 Reel/Frame: 3545/0629

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Received: 05/19/2007

Recorded: 05/19/2007

Pages: 7

Conveyance: SECUR1TY INTEREST Assignor: PITTSBURGH TECHNOLOGY LICENSING CORP. Exec Dr: 05/18/2007 Entity Type: CORPORATION Citizenship: DELAWARE Entity Type: CORPORATION Citizenship: DELAWARE

Assignee: WEATHERWISE USA, INC. 49 SOUTH 14TH STREET PITFSBURGH, PENNSYLVANIA 15203 Correspondent: DENNIS M. CARLETON 625 LIBERTY AVENUE 29TH FLOOR PITTSBURGH, PA 15222

Search Results as of: 11/15/2007 01:28 PM If you have any comments or questions concerning the data displayed, contact PRD / Assignments at 571-272-3350. v.2.0.1 Web interface last modified: April 20, 2007 v.2.0.1 I ,HOME I INDEXI SEARCH I eBUSINESS

I CONTACT US I PRIVACY STATEMENT

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UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: APPLICANT: 77/099832 WeatherBill Inc.

*77099832*
RETURN ADDRESS:
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451

CORRESPONDENT ADDRESS: WEATHERBILL INC. WEATHERBILL INC. 445 BUSH ST STE 100 SAN FRANCISCO, CA 94108-3714

MARK: WEATHERBILL CORRESPONDENT'S REFERENCE/DOCKET NO: N/A CORRESPONDENT EMAIL ADDRESS: [email protected]
Please provide in all correspondence: 1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.

OFFICE ACTION

RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.uspto.gov/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication

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Mark: Weatherbill Serial Number 77/099832 TEAS PLUS APPLICANTS MUST SUBMIT DOCUMENTS ELECTRONICALLY OR SUBMIT FEE: TEAS Plus applicants should submit the following documents using the Trademark Electronic Application System (TEAS) at http://www.uspto.gov/teas/index.html: (1) written responses to Office actions; (2) preliminary amendments; (3) changes of correspondence address; (4) changes of owner's address; (5) appointments and revocations of attorney; (6) amendments to allege use; (7) statements of use; (8) requests for extension of time to file a statement of use, and (9) requests to delete a §l(b) basis. If any of these documents are filed on paper, they must be accompanied by a $50 per class fee. 37 C.F.R. §§2.6(a)(1)(iv) and 2.23(a)(i). Telephone responses will not incur an additional fee. NOTE: In addition to the above, applicant must also continue to accept correspondence from the Office via e-mail throughout the examination process in order to avoid the additional fee. 37 C.F.R. §2.23(a)(2). The assigned examining attorney has reviewed the referenced application and determined the following. Trademark Act Section 2(d) - Refusal to Register The examining attorney refuses registration under Trademark Act Section 2(d), 15 U.S.C. § 1052(d), because the applicant's mark, when used on or in connection with the identified services, so resembles the mark in U.S. Registration No. 2367423 as to be likely to cause confusion, to cause mistake, or to deceive. TMEP §§ 1207.01 et seq. See the enclosed registration. The examining attorney must analyze each case in two steps to determine whether there is a likelihood of confusion. First, the examining attorney must look at the marks themselves for similarities in appearance, sound, connotation and commercial impression. In re E. 1. DuPont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973). Second, the examining attorney must compare the goods or services to determine if they are related or if the activities surrounding their marketing are such that confusion as to origin is likely. In re August StorckKG, 218 USPQ 823 (TTAB 1983); In re International Telephone and Telegraph Corp., 197 USPQ 910 (TTAB 1978); Guardian Products Co., v. Scott Paper Co., 200 USPQ 738 (TTAB 1978). TMEP §§1207.01 etseq. A. Comparison of the Marks The examining attorney must compare the marks for similarities in sound, appearance, meaning or connotation. In re E. 1. DuPont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973). Similarity in any one of these elements is sufficient to find a likelihood of confusion. In re Mack, 197 USPQ 755 (TTAB 1977). TMEP §§ 1207.01(b) et seq. When the applicant's mark is compared to a registered mark, "the points of similarity are of greater importance than the points of difference." Esso Standard Oil Co. v. Sun Oil Co., 229 F.2d 37, 108 USPQ 161 (D.C. Cir.), cert. denied, 351 U.S. 973, 109 USPQ 517 (1956). TMEP §1207.01(b). The test of likelihood of confusion is not whether the marks can be distinguished when subjected to a side#by#side comparison. The issue is whether the marks create the same overall impression. Visual Information Institute, lnc. v. Vicon Industries lnc., 209 USPQ 179 (TTAB 1980). The focus is on the recollection of the average purchaser who normally retains a general rather than specific impression of trademarks. Chemetron Corp. v. Morris Coupling & Clamp Co., 203 USPQ 537 (TTAB 1979); SealedAir Corp. v. Scott Paper Co., 190 USPQ 106 (TTAB 1975); TMEP §1207.01(b).

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Registration Number 2367423 is for the mark WEATHERPROOF BILL. The applicant is seeking to register the mark WEATHERBILL. The applicant has merely deleted the term "proof' and the spacing between the terms from the mark of the registrant. The mere deletion of wording from a registered mark is not sufficient to overcome a likelihood of confusion under Section 2(d). See In re Optical lnt 7, 196 USPQ 775 (TTAB 1977) (where applicant filed to register the mark OPTIQUE for optical wear, deletion of the term BOUTIQUE is insufficient to distinguish the mark, per se, from the registered mark OPTIQUE BOUTIQUE when used in connection with competing optical wear). In the present case, applicant's mark does not create a distinct commercial impression because it contains the same common wording as registrant's mark, and there is no other wording to distinguish it from registrant's mark. B. Comparison of the Services The services of the parties need not be identical or directly competitive to find a likelihood of confusion. They need only be related in some manner, or the conditions surrounding their marketing be such, that they could be encountered by the same purchasers under circumstances that could give rise to the mistaken belief that the services come from a common source. In re Martin's Famous Pastry Shoppe, lnc., 748 F.2d 1565, 223 USPQ 1289 (Fed. Cir. 1984); In re Corning Glass Works, 229 USPQ 65 (TTAB 1985); In re Rexel lnc., 223 USPQ 830 (TTAB 1984); Guardian Products Co., lnc. v. Scott Paper Co., 200 USPQ 738 (TTAB 1978); In re International Telephone & Telegraph Corp., 197 USPQ 910 (TTAB 1978). TMEP § 1207.01(a)(i). Registration Number 2367423 is for "financial services that manage weather related financial risk for energy consumers, suppliers and others, namely, financial services whereby energy consumers, suppliers and others pay or receive a predetermined amount for energy regardless of the weather; and financial services in arranging purchase and delivery of energy." The applicant's services are "Assuming financial risk of others by entering into options and swaps; Financial risk management; financial services, namely providing information in the fields of foreign currency, commodities, financial derivatives, interest rate products, and equities via the internet and intranet systems; financial services, namely, providing for the exchange of foreign currency, commodities, financial derivatives, interest rate products, and equities via the internet and intranet systems; risk management; risk management consultation." The services of the parties, while not identical, are related. The parties both offer a weather-related financial service. Due to the similarities between the marks and the services, registration is refused. Although the examining attomey has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration. Response Guidelines - General Please note that there is no required format or form for responding to this Office action. However, applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and, (4) applicant's telephone number. When responding to this Office action, applicant must make sure to respond in writing to each refusal and requirement raised. If there is a refusal to register the proposed mark, then applicant may wish to argue against the refusal, i.e., explain why it should be withdrawn and why the mark should register. If there are other requirements, then applicant should simply set forth in writing the required changes or statements and request that the Office enter them into the application record. Applicant must also sign and date its response.

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Applicant may wish to hire a specialist attorney to assist in prosecuting this application because of the technicalities involved. The Office cannot aid in the selection of a trademark attorney. 37 C.F.R. §2.11. Applicant may wish to consult the Yellow Pages for a listing of attorneys specializing in trademark or intellectual property law, or seek guidance from its local Bar Association attorney-referral service. Response Guidelines - Signing Responses Responses to Office actions must be properly signed. TMEP §712. If applicant has retained an attomey, the attomey must sign the response; applicant cannot sign the response. 37 C.F.R. §10.18(a); TMEP §602. However, if applicant was previously represented by an attorney, and applicant later retains a different attorney, the newly retained attorney cannot sign responses until a new power of attorney signed by applicant is filed, ld. Paralegals and secretaries cannot sign responses for attorneys. The only attorneys who can practice before the USPTO in trademark matters are (1) attorneys in good standing with a bar of the highest court of any U.S. state or (2) Canadian agents/attorneys who have received reciprocal recognition by the USPTO under 37 C.F.R. § 10.14(c). And Canadian attorneys can only represent Canadian applicants. Foreign attorneys (other than duly authorized Canadian attorneys) cannot sign responses or otherwise represent applicants before the USPTO. 37 C.F.R. §§10.1(c) and 10.14. Paralegals and secretaries cannot sign responses for attorneys. If applicant is not represented by an attorney, the response must be signed by applicant or by someone with legal authority to bind applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants, etc.). TMEP §§712 et seq. A non-attorney who is authorized to verify facts on behalf of an applicant under 37 C.F.R. §2.33(a)(2) (such as trademark administrators, accountants, business managers, administrative assistants, and personal assistants) is not entitled to sign responses to Office actions or to authorize examiner's amendments and priority actions, unless he or she also has legal authority to bind the applicant, as specified in the paragraph immediately above. See TMEP §§712.03 and 804.04. If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

/Mary E. Crawford/ Trademark Attorney

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Law Office 102 (571) 272 - 9149

NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS: In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant. Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.uspto.gov/extemal/portal/tow. The Office action will no__~t be attached to the e-mail notice. Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address. TDR is available 24 hours a day, seven days a week, including holidays and weekends. This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments. HOW TO RESPOND TO THIS OFFICE ACTION: ° ONLINE RESPONSE: You may respond using the Office's Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.uspto.gov/teas/index.html. If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS. NOTE: Do not respond by e-mail, THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE. ° REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney's name. NOTE: The filing date of the response will be the date of receipt in the Office, not the postmarked date. To ensure your response is timely, use a certificate of mailing. 37 C.F.R. §2.197. STATUS OF APPLICATION: To check the status of your application, visit the Office's Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov. VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http:/~ortal.uspto.gov/external/portal/tow. GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office's website at http://www.uspto.gov/main/trademarks.htm FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.

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Print: May 25, 2007 DESIGN. MARK
Serial Number 75400052

75400052

Status
SECTION 8 & I-~-ACCEPTED AND ACKNOWLEDGED

Word Mark
WEATHERPROOF BILL

Standard Chara~r Mark
No

Registration Number
2357423

Date Registered 2000/07/lS Type ~Mark
SERVICE

,Register
PRINCIPAL

Ma~ DrawingCode (1) TYPED DRAWING
WEATHERWISE USA, INC. CORPORATION DELAWARE ONE NORTH SHORE CENTER FEDERAL STREET PITTSBURGH PENNSYLVANIA 15212

Good.Services
Class Status -- ACTIVE. IC 03~. US i00 I01 i02. G & S: Financial services that manage ~cath~r related financial risk for energy consumers, suDDllers and others, namely, Zlnanclal services whereby energy consumers, suppliers and others pay or receive a predetermined amount for energy regardless of the weather; and financial services in arranging purchase and delivery of energy. First Use: 1996/iQ/15. First Use In Commerce: 1996/10/15.

Filing Date 1997/12/04 Examining A~omey
ALT, JILL

Attomay of Record
Dennis H. Carleton

'1-

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~ATHE~ROOF BILL

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*** User:merawfordl *** # Total Marks 01 02 03 04 05 06 2 2554 18788 6 1525321 350

Dead Marks 0 N/A N/A 0 N/A 0

Live Viewed Does 2 0 0 6 0 35O

Live Viewed Images 2 0 0 4 0 148

Status/ Search Duration 0:01 0:01 0:02 O:Ol 0:02 O:Ol

Search

"weatherbill"[on] *weather*[bi,ti] *b{"iy"}l*[bi,ti] (2 and 3) not dead[ld] "036"[cc] (2 and 5) not dead[ld]

Session started 5/25/2007 2:03:05 PM Session finished 5/25/2007 2:13:13 PM Total search duration 0 minutes 8 seconds Session duration 10 minutes 8 seconds Defaut NEAR limimlADJ limit=l

Sent to TICRS as Serial Number: 77099832

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From: Sent: To: Subject: ATTORNEY REFERENCE NUMBER:

TMDesignCodeComments Saturday, February 10, 2007 00:07 AM [email protected] Notice of Pseudo Mark for Serial Number: 77099832

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'. You are not required to respond to this notice. However, if you would like to suggest additions or changes to the pseudo mark assigned to your mark, please send an email to TMDesignCodeComments~USPTO.GOV or call 1-800-786-9199 to speak to a Customer Service representative. No fee is necessary. (Please include the serial number of your application on ALL correspondence with the USPTO.) The USPTO will review your request and update the record if appropriate.

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: WEATHER BILL

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Select Location (plesse re~d discI~imeO

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Trademark/Service Mark Application, Principal Register TEAS P.|us Applkafion
Serial Number: 77099832 Filing Date: 02/06/2007 NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application.

The table below presents the data as entered.

MARK INFORMATION ~rC~RK
~STANDARD CHARACTERS USPTO-GENERATED IMAGE LITERAL ELEMENT

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

¯ ~MARK STATEMENT

APPLICANT INFORMATION ,~OWNER OF MARK
~STR.EET *CITY "~STATE

WeatherBill Inc. 445 Bush Street Suite 100 San Francisco California United States 94108 415-986-4453 415-986-4453 [email protected] Yes

(Required for U.S. applicants)
~COUNTRY *ZIP/POSTAL CODE

(Required for U.S. applicants only)
PHONE FAX EMAIL ADDRESS AUTHORIZED TO COMMUNICATE VIA EMAIL

LEGAL ENTITY INFORMATION
*TYPE *STATE/COUNTRY OF INCORPORATION

I

CORPORATION Delaware

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

036 At least as early as 05/23/2006 At least as early as 01/17/2007 Assuming financial risk of others by entering into options and swaps SECTION 1 (a) At least as early as 05/23/2006 At least as early as 01/17/2007 \\TICRS2\EXPORT 12\770\998 \77099832Lxml 1 kFTK0003.JP G WeatherBill logo and WeatherBill mark used in context of buying a WeatherBill product / service on the WeatherBill website, located at www.weatherbill.com Financial risk management SECTION l(a) At least as early as 05/23/2006 At least as early as 01/17/2007 \\TICRS2\EXPORT 12\770\998 \77099832Lxml I~FTK0003.JP G WeatherBill logo and WeatherBill mark used in context of buying a WeatherBill product / service on the WeatherBill website, located at www.weatherbill.com Financial services, namely providing information in the fields of foreign currency, commodities, financial derivatives, interest rate products, and equities via the intemet and intranet systems SECTION 1 (a) At least as early as 05/23/2006 At least as early as 01/17/2007 \\TICRS2~XPORT12\770\998 \77099832Lxmll~FTK0003.JP G WeatherBi]] logo and WeatherBi]] mark used in context of buying a WeatherBill product / service on the WeatherBill website, located at www.weatherbill.com Financial services, namely, providing for the exchange of foreign currency, commodities, financial derivatives, interest rate products, and equities via the interact and intranet systems SECTION I (a) At least as early as 05/23/2006 At least as early as 01/17/2007
\\TTf'~D q")\I~YDt'~DT1 ")\"/"/~\OO~ V'/"/~OO~'I'~\vml 1 \ITTTZ'f~(IfV1 TD ~

*FIRST USE IN COMMERCE DATE SPECIMEN
FILE NAME(S)

SPECIMEN DESCRIPTION *DESCRIPTION
*FILING BASIS

'~FIRST USE ANYWHERE DATE ~FIRSTUSE IN COMMERCE DATE
SPECIMEN FILE NAME(S)

SPECIMEN DESCRIPTION

*DESCRIPTION

*FILING BASIS ~FIRST USE ANYWHERE DATE *FIRST USE IN CO~mRCE DATE SPECr~mN
FILE NAME(S)

SPECIMEN DESCRIPTION

"DESCRIPTION ~FILING BASIS
~FIRST USE ANYWHERE DATE *FIRST USE IN COMMEP(CE DATE

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FILE NAME(S)

SPECIMEN DESCRIPTION

WeatherBill logo and WeatherBill mark used in context of buying a WeatherBill product / service on the WeatherBill website, located at www.weatherbill.com Risk management SECTION 1 (a) At least as early as 05/23/2006 At least as early as 01/17/2007 \\TICRS2YEXPORT 12\770\998 \77099832Lxml 1 kFTK0003.JP G WeatherBill logo and WeatherBill mark used in context of buying a WeatherBill product / service on the WeatherBill website, located at www.weatherbill.com Risk management consultation SECTION l (a) At least as early as 05/23/2006 At least as early as 01/17/2007 \\TICRS2\EXPORT12\770\998 \77099832Lxm11~FTK0003.JP G WeatherBill logo and WeatherBill mark used in context of buying a WeatherBill product / service on the WeatherBill website, located at www.weatherbill.com

*DESCRIPTION ~FILING BASIS eFIRST USE ANYWHERE DATE *FIRST USE IN COIvlMERCE DATE SPECIMEN FILE NAME(S)

SPECIMEN DESCRIPTION

~DESCRIPTION *FILING BASIS *FIRST USE ANYWHERE DATE "~FIRST USE IN COMMERCE DATE SPECIMEN FILE NAME(S)

SPECIMEN DESCRIPTION

ADDITIONAL STATEMENTS INFORMATION
*~TRANSLATION (if applicable) ~TRANSLITERATION (if applicable) ~CLAIMED PRIOR REGISTRATION

(if applicable)
'~CONSENT (NAME/LIKENESS) (if applicable) ~CONCURRENT USE CLAIM

(if applicable) CORRESPONDENCE INFORMATION *NAME
FIRM NAME *STREET CITY * STATE (Required for U.S. applicants)

WeatherBill Inc. WeatherBill Inc. 445 Bush Street Suite 100 San Francisco California

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* COLr~rRv
* ZIP/POSTAL CODE (Required for U.S. applicants only) PHONE FAX * EMA1L ADDRESS ~AUTHORIZED TO COMMUNICATE VIA EMAIL

United States 94108 415-986-4453 415-986-4453 [email protected]
Yes

FEE INFORMATION
NUMBER OF CLASSES FEE PER CLASS TOTAL FEE DUE

1 275 275

SIGNATURE INFO~TION
SIGNATURE * SIGNATORY'S NAME SIONATORY'S POSITION "* DATE SIGNED

/David Friedberg/ David Friedberg CEO of WeatherBill Inc. 02/05/2007

FILING INFORMATION SECTION
SUBMIT DATE

Tue Feb 06 00:07:46 EST 2007 USPTO/FTK-75.34.111.1-200 70206000746458254-7709983 2-360c5a3c89a8c2561dd4d61 973de8clecla-CC-856-20070 205234320103016

TEAS STAMP

Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 77099832 Filing Date: 02/06/2007 To the Commissioner for Trademarks: MARK: WeatherBill (Standard Characters, see mark) The literal element of the mark consists of WeatherBill. The mark consists of standard characters, without claim to any particular font, style, size, or color. The applicant, WeatherBill Inc., a corporation of Delaware, having an address of 445 Bush Street Suite 100, San Francisco, California, United States, 94108, 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.

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For specific filing basis information for each item, you must view the display within the Input Table. International Class 036: Assuming financial risk of others by entering into options and swaps; Financial risk management; Financial services, namely providing information in the fields of foreign currency, commodities, financial derivatives, interest rate products, and equities via the internet and intranet systems; Financial services, namely, providing for the exchange of foreign currency, commodities, financial derivatives, interest rate products, and equities via the internet and intranet systems; Risk management; Risk management consultation If the applicant is filing under Section l(b), intent to use, the applicant declares that it has a bona fide intention to use or use through the applicanfs 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), as amended. If the applicant is filing under Section 1 (a), actual use in commerce, the applicant declares that it 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. If the applicant is filing under Section 44(d), priority based on foreign application, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on a specified foreign application(s). 15 U.S.C. Section 1126(d), as amended. If the applicant is filing under Section 44(e), foreign registration, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and submits a copy of the supporting foreign registration(s), and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended. WeatherBill Inc. 445 Bush Street Suite 100 San Francisco, California 94108 415-986-4453(phone) 415-986-4453(fax) [email protected] (authorized) A fee payment in the amount of $275 will be 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:/David Friedberg/ Date: 02/05/2007 Signatory's Name: David Friedberg Signatory's Position: CEO of WeatherBill Inc. RAM Sale Number: 856 RAM Accounting Date: 02/06/2007 Serial Number: 77099832 Internet Transmission Date: Tue Feb 06 00:07:46 EST 2007 TEAS Stamp: USPTO/FTK-75.34.111.1-200702060007464582 54-77099832-360c5a3c89a8c2561 dd4d61973de 8c 1 ec 1 a-CC-856-20070205234320103016 Correspondence Information:

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Get a Quote for a WeatherBi|l ContracL..
or Oet a Custom ~uote (~

Select Location

Cheese Payment Temls

Choose :Paymem~t Limits Price:

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