PTO Form 1583 (Rev 5/2006) OMB No.

0651-0055 (Exp 10/31/2008)

Combined Declaration of Use and Incontestability Under Sections 8 & 15

The table below presents the data as entered.

Input Field REGISTRATION NUMBER REGISTRATION DATE SERIAL NUMBER MARK SECTION
MARK

Entered 2256947 06/29/1999 75460702

CRAB FRIES

OWNER SECTION (no change) ATTORNEY SECTION

NAME FIRM NAME INTERNAL ADDRESS STREET CITY STATE ZIP/POSTAL CODE COUNTRY PHONE FAX DOCKET NUMBERS OTHER APPOINTED ATTORNEY(S)

Michael F. Snyder Volpe and Koenig, P.C. Suite 1600 30 S. 17th Street Philadelphia PA 19103 USA 215-568-6400 215-568-6499 CAP-TM001 John J. O'Malley

GOODS AND/OR SERVICES SECTION

INTERNATIONAL CLASS KEEP EXISTING GOODS AND/OR SERVICES

029 YES \\ticrs\EXPORT11\IMAGEOUT

SPECIMEN FILE NAME(S)

11\754\607\75460702\xml1\ 8150002.JPG \\ticrs\EXPORT11\IMAGEOUT 11\754\607\75460702\xml1\ 8150003.JPG

SPECIMEN DESCRIPTION

Mark in use on restaurant menu

PAYMENT SECTION
NUMBER OF CLASSES NUMBER OF CLASSES PAID SUBTOTAL AMOUNT TOTAL AMOUNT

1 1 300 300

SIGNATURE SECTION
SIGNATURE SIGNATORY NAME SIGNATORY DATE SIGNATORY POSITION

/Michael F. Snyder/ Michael F. Snyder 09/14/2004 Attorney

FILING INFORMATION
SUBMIT DATE

Tue Sep 14 14:39:38 EDT 2004 USPTO/S08N15-1411516934-2 0040914143938399061-22569 47-20094fc3b1cc8583ac1be6 c3d86395364-CC-4-20040914 141546148284

TEAS STAMP

PTO Form 1583 (Rev 5/2006) OMB No. 0651-0055 (Exp 10/31/2008)

Combined Declaration of Use and Incontestability Under Sections 8 & 15 To the Commissioner for Trademarks:
REGISTRATION NUMBER: 2256947 REGISTRATION DATE: 06/29/1999 MARK: CRAB FRIES The owner, 4010, Inc., residing at 4010 Robbins Avenue, Philadelphia, PA US 19135, is using the mark in commerce on or in connection with the goods and /or services as follows: For International Class 029, the owner is using or is using through a related company or licensee the mark in commerce on or in connection with all goods and/or services listed in the existing registration. The owner is submitting one specimen for each class 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) Mark in use on restaurant menu. Specimen-1 Specimen-2 The registrant hereby appoints Michael F. Snyder and John J. O'Malley of Volpe and Koenig, P.C., Suite 1600, 30 S. 17th Street, Philadelphia, PA USA 19103 to submit this Combined Declaration of Use and Incontestability Under Sections 8 & 15 on behalf of the registrant. The attorney docket/reference number is CAP-TM001. A fee payment in the amount of $300 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary. Declaration

The owner is using or is using through a related company or licensee 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 mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under Section 12(c), and is still in use in commerce on or in connection with all goods and/or services as identified above. There has been no final decision adverse to the owner's claim of ownership of such mark for such goods and/or services, or to the owner's right to register the same or to keep the same on the register; and there is no proceeding involving said rights pending and not disposed of either in the Patent and Trademark Office or in the courts. 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: /Michael F. Snyder/ Date: 09/14/2004 Signatory's Name: Michael F. Snyder Signatory's Position: Attorney Mailing Address: Volpe and Koenig, P.C. Suite 1600 30 S. 17th Street Philadelphia, PA 19103 RAM Sale Number: 4 RAM Accounting Date: 09/15/2004 Serial Number: 75460702 Internet Transmission Date: Tue Sep 14 14:39:38 EDT 2004 TEAS Stamp: USPTO/S08N15-1411516934-2004091414393839 9061-2256947-20094fc3b1cc8583ac1be6c3d86 395364-CC-4-20040914141546148284