Statement of Use

E-TEC

BRP-ROTAX GMBH & CO KG

Trademark/Service Mark Statement of Use

PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76456874
LAW OFFICE ASSIGNED LAW OFFICE 115
NOTICE OF ALLOWANCE YES
EXTENSION OF USE NO
REQUEST TO DIVIDE NO
MARK SECTION
STANDARD CHARACTERS NO
LITERAL ELEMENT E-TEC
OWNER SECTION (current)
NAME Bombardier-Rotax GmbH & Co. KG
STREET Welser Strasse 32
CITY A-4623 Gunskirchen
COUNTRY Austria
OWNER SECTION (proposed)
NAME Bombardier-Rotax GmbH & Co. KG
STREET Welser Strasse 32
CITY A-4623 Gunskirchen
COUNTRY Austria
EMAIL XXXX
ATTORNEY SECTION (no change)
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 007
GOODS AND/OR SERVICES KEEP ALL LISTED, EXCEPT engines for personal watercraft, engines for boats; aircraft internal combustion engines, and component parts thereof; aircraft and recreational vehicle
FIRST USE ANYWHERE DATE 12/01/2003
FIRST USE IN COMMERCE DATE 12/01/2003
SPECIMEN FILE NAME(S) \\TICRS\EXPORT10\IMAGEOUT10\764\568\76456874\xml1\SOU0002.JPG
        \\TICRS\EXPORT10\IMAGEOUT 10\764\568\76456874\xml1\ SOU0003.JPG
SPECIMEN DESCRIPTION Pictures of the Evinrude 2005 brochure
INTERNATIONAL CLASS 012
GOODS AND/OR SERVICES DELETE ENTIRE CLASS
PAYMENT SECTION
NUMBER OF CLASSES 1
SUBTOTAL AMOUNT 100
TOTAL AMOUNT 100
SIGNATURE SECTION
SIGNATURE /JDC/
SIGNATORY NAME Jonathan Cutler
SIGNATORY DATE 04/15/2005
SIGNATORY POSITION Director, Intellectual Property
FILING INFORMATION
SUBMIT DATE Fri Apr 15 13:16:43 EDT 2005
TEAS STAMP USPTO/SOU-XXX.XXX.XXX.XX-
20050415131643359735-7645
6874-25052f6c9b3f75579fd7
03a88cbf66473-CC-1236-200
50415130519243256



PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)


Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


To the Commissioner for Trademarks:

MARK: E-TEC
SERIAL NUMBER: 76456874

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, Bombardier-Rotax GmbH & Co. KG, having an address of Welser Strasse 32, A-4623 Gunskirchen, Austria , is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class: 007, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: engines for personal watercraft, engines for boats; aircraft internal combustion engines, and component parts thereof; aircraft and recreational vehicle.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/01/2003, and first used in commerce at least as early as 12/01/2003, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Pictures of the Evinrude 2005 brochure.
Specimen-1
Specimen-2

For International Class: 012, the applicant, or the applicant's related company or licensee, is NOT using the mark in commerce on or in connection with any of the goods and/or services listed in either the application or Notice of Allowance, or as subsequently modified. This entire class is to be deleted from the application.

The applicant hereby appoints Jonathan Cutler to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is RT-00313-US1.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using 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 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: /JDC/      Date Signed: 04/15/2005
Signatory's Name: Jonathan Cutler
Signatory's Position: Director, Intellectual Property

RAM Sale Number: 1236
RAM Accounting Date: 04/15/2005

Serial Number: 76456874
Internet Transmission Date: Fri Apr 15 13:16:43 EDT 2005
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-200504151316433
59735-76456874-25052f6c9b3f75579fd703a88
cbf66473-CC-1236-20050415130519243256


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