WAGEWORKS, INC.

BENEDIRECT BY WAGEWORKS

The mark consists of the words BENEDIRECT in large block letters with the letters BENE in bold and the words by WageWorks underneath in smaller script and the word Works in bold followed by a silhouette of the head and arms of a person with arms upraised in a celebratory gesture, the design also forms a stylized W.;The mark was first used in commerce in a different form other than that sought to be registered at least as early as 12/31/2001;BEN DIRECT BY WAGE WORKS;Administration of employee benefit plans, namely, administration of cobra (consolidated omnibus budget reconciliation act) plans;Color is not claimed as a feature of the mark.;The mark was first used anywhere in a different form other than that sought to be registered at least as early as 12/31/2001;