Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA385203Filing date: 12/22/2010

IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Petition for Cancellation

Notice is hereby given that the following party requests to cancel indicated registration.

Petitioner Information

Name Everclear Communications, Inc.

Entity Corporation Citizenship Canada

Address 117 Girton BlvdWinnipeg, MB R3P0A4CANADA

Attorneyinformation

James T. NikolaiNikolai & Mersereau, P.A.900 Second Avenue South Suite 820Minneapolis, MN 55402UNITED STATESJim@nm-iplaw.com Phone:612-339-7461

Registrations Subject to Cancellation

Registration No 3041791 Registration date 01/10/2006

Registrant FACEBOOK, INC.1601 South California AvenuePalo Alto, CA 94304UNITED STATES

Goods/Services Subject to Cancellation

Class 035. First Use: 2004/02/04 First Use In Commerce: 2004/02/04All goods and services in the class are cancelled, namely: providing an online directory informationservice featuring information regarding, and in the nature of, collegiate life, classifieds, virtualcommunity and social networking

Class 038. First Use: 2004/02/04 First Use In Commerce: 2004/02/04All goods and services in the class are cancelled, namely: providing online chat rooms for registeredusers for transmission of messages concerning collegiate life, classifieds, virtual community andsocial networking

Grounds for Cancellation

Torres v. Cantine Torresella S.r.l.Fraud 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)

Registration No 3801147 Registration date 06/08/2010

Registrant Facebook, Inc.1601 South California AvenuePalo Alto, CA 94304UNITED STATES

Goods/Services Subject to Cancellation

Class 009. First Use: 2006/08/00 First Use In Commerce: 2006/08/00All goods and services in the class are cancelled, namely: Computer software development tools for

social networking, building social networking applications and for allowing data retrieval, upload,access and management; application programming interface (API) for third-party software and onlineservices for social networking, building social networking applications and for allowing data retrieval,upload, access and management

Class 038. First Use: 2004/02/00 First Use In Commerce: 2004/02/00All goods and services in the class are cancelled, namely: providing access to computer databases;electronic transmission of instant messages and data

Class 041. First Use: 2004/02/00 First Use In Commerce: 2004/02/00All goods and services in the class are cancelled, namely: Electronic publishing services, namely,publishing of online works of others featuring user-created text, audio, video, and graphics; providingon-line journals and web logs featuring user-created content

Class 042. First Use: 2004/02/00 First Use In Commerce: 2004/02/00All goods and services in the class are cancelled, namely: Providing temporary use of non-downloadable software applications for classifieds, virtual community, social networking, photosharing, and transmission of photographic images

Grounds for Cancellation

Torres v. Cantine Torresella S.r.l.Fraud 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)

Registration No 3814888 Registration date 07/06/2010

Registrant Facebook, Inc.1601 South California AvenuePalo Alto, CA 94304UNITED STATES

Goods/Services Subject to Cancellation

Class 042. First Use: 2007/06/00 First Use In Commerce: 2007/06/00All goods and services in the class are cancelled, namely: Providing temporary use of non-downloadable software applications for video sharing

Grounds for Cancellation

Torres v. Cantine Torresella S.r.l.Fraud 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)

Registration No 3881770 Registration date 11/23/2010

Registrant Facebook, Inc.1601 South California AvenuePalo Alto, CA 94304UNITED STATES

Goods/Services Subject to Cancellation

Class 035. First Use: 2004/02/04 First Use In Commerce: 2004/04/00All goods and services in the class are cancelled, namely: Advertising and information distributionservices, namely, providing classified advertising space via the global computer network; promotingthe goods and services of others over the Internet; providing on-line computer databases and on-linesearchable databases in the field of classifieds

Class 038. First Use: 2004/02/04 First Use In Commerce: 2004/02/04All goods and services in the class are cancelled, namely: Providing online chat rooms and electronicbulletin boards for registered users for transmission of messages concerning collegiate life, generalinterest, classifieds, virtual community, social networking, photo sharing, and transmission ofphotographic images; provision of on-line forums for the transmission of photographic images;provision of on-line forums for communications on topics of general interest

Class 041. First Use: 2004/02/04 First Use In Commerce: 2004/02/04All goods and services in the class are cancelled, namely: Providing on-line computer databases andon-line searchable databases in the field of collegiate life concerning college athletics, concerts,entertainment events, art, performing arts, music, dance and academics; providing on-line computer

databases and on-line searchable databases featuring collegiate student groups concerning subjectsin the fields of academics and entertainment

Class 042. First Use: 2004/02/04 First Use In Commerce: 2004/02/04All goods and services in the class are cancelled, namely: Computer services, namely, hosting onlineweb facilities for others for organizing and conducting online meetings, gatherings, and interactivediscussions; and computer services in the nature of customized web pages featuring user-definedinformation, personal profiles and information; computer services, namely, creating an on-linecommunity for registered users to participate in discussion, get feedback from their peers, form virtualcommunities, and engage in social networking; peer-to-browser photo sharing services, namely,providing a website featuring technology enabling users to upload, view and download digital photos

Class 045. First Use: 2004/02/04 First Use In Commerce: 2004/02/04All goods and services in the class are cancelled, namely: Internet based introduction and socialnetworking services; providing on-line computer databases and on-line searchable databases in thefield of social networking

Grounds for Cancellation

Torres v. Cantine Torresella S.r.l.Fraud 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)

RelatedProceedings

Opposition No. 91191915

Attachments Scan001.PDF ( 18 pages )(182361 bytes )

Certificate of Service

The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their addressrecord by First Class Mail on this date.

Signature /jamest nikolai/

Name James T. Nikolai

Date 12/22/2010