T-333
`P. 03/08
`Job-782
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`From:
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`JUL-D8-D3
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`l2:34
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`IN THE
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL
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`AND APPEAL BOARD
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`0PPosition No. 91155070
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`In the matter of
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`Trademark Application Scria1No. 78/094406
`Filed: November 20, 2001
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`Published: August 20, 2002
`Mark: APPMAI1.
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`ZAPLET , INC.
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`Opposer
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`vs.
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`wmss LLC
`
`)
`Applicant.
`______._?___T____)
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`CERTIFICATE OF MAILING BY EXPRESS MAIL
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`Express Mail Mailing Label No. EK859444332US. Date of Deposit March 25. 2003.
`l hereby certify that this paper or fee is being deposited with the United States Postal Service "Express Mail Post Office to Addressce" service
`under 37 CPR Section 1.10 on the date indicated above and is addressed to the BOX TTAB-N0 FEE, Assistant Commissioner for
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`TniemgNt2900Crysli Drive,glinston,Virginia 22202-3513.
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`Tahlise Hines
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`BOX TTAB - NO FEE
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`Assistant Commissioner for Trademarks
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`'
`2900 Crystal Drive
`Arlington, Virginia 222023513
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`Oppositiort No. 91 155070
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`1
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`a»u.2I-hp
`ANSWER-0PPOSlTlON-O324DJ.DOC
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`JUL-D8-U3
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`12:35
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`From:
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`T-333
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`P. 04/08
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`Job-"F82
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`ANSWER TO NOTICE OF OPPOSITION
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`wmss LLC, the name ofwhich has been changed to APPMAIL LLC, by its
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`attorneys, hereby Answers the Notice of Opposition ofzaplet, Inc. and admits, denies,
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`and alleges as follows:
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`1.
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`2.
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`Admitted.
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`Denied to the extent the APPMAIL application was filed on November 21, 2001,
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`As to the matters set forth in not November 21, 2002.the first sentence of
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`Paragraph 3 of the Notice of Opposition, Applicant is without knowledge or
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`infonnation sufficient to form a belief as to when and which respect to what
`Opposer allegedly adopted and used the mark ZAPLET APPMAILi As to the
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`matters set forth in the second sentence of Paragraph 3 of the Notice of
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`Opposition, denied.
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`Admitted as to the recitation of law in sentences one and two of Paragraph 4 of
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`the Notice of Opposition. As to the matters set forth in the third sentence of
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`Paragraph 4 of the Notice of Opposition, denied.
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`AFFIRMATIVE DEFENSES
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`Applicant alleges that Opposcr has no rights to the term APPMAIL as that term is
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`used alone.
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`Applicant alleges that Opposer has never used the term APPMAIL alone.
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`Opposition No. 91155070
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`2
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`IPPH-2/8"?
`ANSWER-OPPOSITION-O32A03.DOC -
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`JUL-U8-D3
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`12:35
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`From:
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`T-333 M5/U8 Job-782
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`3.
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`Applicant alleges that Oppose: will not be damaged by registration of the mark
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`APPMAII, shown in Application Serial No. 78/094406.
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`4.
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`Applicant alleges that there is no likelihood of confusion between Applicant’s use
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`of the mark APPMAII. and Opposefs alleged use of the mark ZAPLET
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`APPMAIL.
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`WHEREFORB, Applicant respectfully requests that the Notice of Opposition be
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`dismissed with prejudice.
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`Dated:March25,3003
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`Respectfully submitted,
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`(
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`H
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`Andrew H. Pontious
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`Attorney for Applicant
`Collette & Erickson LLP
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`555 California Street, Suite 4350
`San Francisco, California 94104
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`Telephone: 415/7884646
`Facsimile: 415/788-6929
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`Opposition No. 9! 155070
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`3
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`anvil»:/hhv
`ANSWER-OPPOSITION-032403.DOC
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`JUL-D8-D3
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`l2:35
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`From:
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`T-333
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`P.D5/D8
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`Job-782
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`.
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`PBQOF OF §ERVIC§
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`I, TAHLISE M. HINES, declare:
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`I am employed in the City and County of San Francisco, State of California. My business
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`address is 555 California Street, Suite 4350, San Francisco, California 94104. I am over the age of
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`18 years and not a party to the foregoing action.
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`On Margh 25, 2003, I served a copy of the attached documents on the interested parties
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`involved in said action as follows:
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`ANSWER TO NOTICE OF OPPOSITION
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`X
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`(by mail) by placing a true copy thereof enclosed in a sealed envelope in a designated area for outgoing mail,
`addressed as set forth below. At Collette & Erickson LLP, mail placed in that designated area is given the
`correct amount of postage and is deposited that same day, in the ordinary course of business, in a United States
`mailbox in the City of San Francisco, California.
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`__
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`(by personal delivery) by having EXPRESS NETWORK, INC, :1 local San Francisco messenger service,
`personally delivering a true copy thereof to the address listed below.
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`(by Federal Express) by depositing a true copy thereof in a sealed packet for overnight delivery, with charge:
`thereon fully prepaid, in a Federal Express collection box, at San Francisco, California, and addressed as set
`forth below.
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`16 __
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`17
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`(by facsimile transmission) by transmitting said document(s) from our office facsimile rmehirze (415) 788-
`6929, to facsimile machine number(s) shown below. Following transmission, I received :1 "Transmission
`Report" from our fax maclultze indicating that the transmission had been transmitted without error.
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`18 Connie L. Ellerbacli
`Fenwick & West LLP
`19 Two Palo Alto Square
`Palo Alto, CA 94306
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`20
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`I declare under penalty of perjury and the laws of the State of California that the
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`foregoing is true and correct and that this declaration was executed on March gs, 2003, at San
`.
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`Francisco, California.
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`.
`')
`ll‘
`4
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`<\__
`' \
`' y_..
`is
`TAHLISE M. HINE
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`’
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`' 21
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`PROOF OF SERVICE
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`JUL-D8-U3
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`l2:33
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`From:
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`T-333
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`P 02/08
`
`Job-732
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`COLLETTE2 ‘S: Emcxsou LLP
`ATYORNEY8 AT LAW
`BANK OF AMERICA CENTER -43"’ FLOOR
`E55 ca-L.Is‘oR~iA sTfi6ET
`
`SAN FRANCIGCO. CALIFORNIA 36lO4'|79l
`T:I.:I-r1oNz:(4»s)7ee-4646
`YA: lust -res-ooze
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`July 8, 2003
`
`
`Kimberly Linton, Legal Assistant
`United States Department of Commerce
`Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
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`Re:
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`Zaplet, Inc. v. WIIES LLC
`Opposition No. 91155070
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`Dear Ms. Linton:
`
`Pursuant to our conversation this morning, please find enclosed a copy of the Answer of
`WIRSS LLC to the Notice of Opposition of Zaplet, Inc. in the above entitled matter as filed with
`the United States Patent and Trademark Office on March 25, 2003 pursuant to a Certificate of
`Mailing by Express Mail. Also enclosed is a copy of both sides of the return receipt postcard
`evidencing receipt of the same by the Patent and Trademark Office.
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`Accordingly, we respectively request that the Notice of Default entered against WIRSS
`LLC pursuant to your mailing of June 24, 2003 be set aside.
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`Please let me know if you need any further information. Thank you for your cooperation.
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`Very truly yours,
`
`QQM 4-.
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`Andrew H. Pontious
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`APPL 1.2
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`AHP:tmh
`
`Enclosures
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`

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`
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`JUL-BB-U3
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`I2=33
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`From?
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`T-333
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`P.UI/U3
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`Job-T82
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`COLLETTE & ERICKSON LLP
`ATTORNEYS at LAW
`555 California Street
`BANK OF AMERICA CENTER — 43rd Floor
`San Francisco, California 94104-1791
`TELEPHONE (415) 788-4646 FAX (415) 788-6929
`
`FACSIMILE COVER PAGE
`
`DATE:
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`July 8, 2003
`
`DELIVER TO:
`
`Kimberly Linton, Legal Assistant
`U.S. Department of Commerce
`Patent and Trademark Office
`
`Trademark Trial and Appeal Board
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`FAX NO.:
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`703/308-7082
`
`FROM:
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`Andrew H. Pontious, Esq.
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`NO. OF PAGES:
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`8 (includes cover page)
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`FILE NUMBER:
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`ZAGC 1.7
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`MESSAGE:
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`Please see the attached.
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`ORIGINAL NOT SENT __)_(_
`ORIGINAL SENT
`__
`BY: FEDERAL EXPRESS __
`U.S. MAIL
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`THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE MAY CONTAIN ATTORNEY-CLIENT
`PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE
`INDIVIDUAL OR ENTITY NAMED ABOVE.
`IF THE READER OF THIS MESSAGE IS NOT THE
`INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY UNAUTHORIZED DISSEMINATION,
`DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED.
`IF YOU HAVE
`RECEIVED THIS COMMUNICATION IN ERROR. PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE.
`PLEASE ASK FOR 'I‘Al-ILISE IF THERE ARE ANY PROBLEMS WITH THIS FACSIMILE. THANK YOU.
`
`

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`JUL-D8-B3
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`12:35
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`
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`JUL-08-03
`
`12:38
`
`From:
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`T-333
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`P.DB/DB Jab-782
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`ANDREW H- PONTIOUS
`
`COLLETTE & ERICKSON LLP
`
`.
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`555 CALIFORNIA STREET, SUITE 4350
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`SAN FRANCISCO, CALIFORNIA 94104
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`
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`7.73
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`
`RECEIPTOF THE FOLLOWING MAH:._I~§I_3‘§__i.é_,R§I-H 25, 2003, BY,
`umsn STATES POSTAL SERVICE ‘ExPRE‘ss'14fA1L. UNDER“
`RECEIPT NO. EK8594-44332US.
`
`‘.
`
`NAME OF MARK:
`OPPOSITION NO:
`SERIAL NO:
`ENCLOSURES:
`
`APPMAII.
`91155070
`78/094406
`
`Answer to Notie of opposition
`Rcturn Receipt Postcard
`
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