PR-Section 15

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1573 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1573 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Declaration of Incontestability of a Mark under Section 15

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4234258
REGISTRATION DATE: 10/30/2012

MARK: (Stylized and/or with Design, RTR (see, mark))

The owner, Vaughn Jr Gittin, a citizen of United States, having an address of
      2313 Orsburn Lane
      Joppa, Maryland 21085
      United States
is filing a Declaration of Incontestability of its mark under Section 15.

For International Class 007, the owner, or its related company, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization listed in the existing registration for this class. Also, there has been no final decision adverse to the owner's claim of ownership of such mark for goods,services, and/or the collective membership organization 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 in either the U.S. Patent and Trademark Office or the courts. This statement is entirely true EXCEPT for the following goods or services:

Engine exhaust system comprised of a particulate trap; Headers as part of vehicle exhaust system; Intake and exhaust air flow vane assembly device for use in an internal combustion engine

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Automotive exhaust pipe; Engine exhaust systems comprised of pipes, collector and muffler; Engine exhaust tips; Exhaust mufflers for motors

For International Class 012, the owner, or its related company, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization listed in the existing registration for this class. Also, there has been no final decision adverse to the owner's claim of ownership of such mark for goods,services, and/or the collective membership organization 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 in either the U.S. Patent and Trademark Office or the courts. This statement is entirely true EXCEPT for the following goods or services:

performance pick ups; performance pick-up parts, roof panels, seat covers, steering units for land vehicles and parts thereof, performance clutch mechanisms for automobiles and trucks, performance engines, and fuel caps

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Performance automobiles; performance automobile parts, namely, body panels, spoilers, hoods, fenders, performance brakes for motor cars, performance suspension systems for automobiles, performance differentials, performance wheels, rear aerodynamic diffusers, body panels, namely, side splitters

For International Class 025, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Clothing, namely, jackets, shirts, shorts, pants, sweat shirts; footwear; headgear, namely, hats and visorsAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods 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 in either the U.S. Patent and Trademark Office or the courts.

For International Class 027, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Floor matsAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods 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 in either the U.S. Patent and Trademark Office or the courts.

For International Class 035, the owner, or its related company, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and is still using the mark in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization listed in the existing registration for this class. Also, there has been no final decision adverse to the owner's claim of ownership of such mark for goods,services, and/or the collective membership organization 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 in either the U.S. Patent and Trademark Office or the courts. This statement is entirely true EXCEPT for the following goods or services:

online retail stores for performance pick ups and performance pick-up truck parts

The following is proposed as the complete final listing to which the Section 15 affidavit pertains: Online retail ordering, online retail mail ordering, retail catalog ordering, and online retail stores for performance automobiles; online retail ordering, online retail mail ordering, retail catalog ordering, and online retail stores for performance automobile parts
The registrant's current Attorney Information: James Michael Faier of  Faire & Faier P.C.
      566 W ADAMS ST STE 600
      CHICAGO, Illinois 60661-3632
      United States
The phone number is 312-382-9500.
The fax number is 312-382-9200. (not authorized)

The registrant's proposed Attorney Information: Jonathan M. Blanchard of  Pitts & Lake, P.C.
      P.O. Box 51295
      Knoxville, Tennessee 37950-1295
      United States The docket/reference number is 80073.82.
The Other Appointed Attorney(s): Robert E. Pitts, Jacob G. Horton, Andrew C. Lake, Thomas L. Jones; Raymond E. Stephens.

The phone number is 865-584-0105.
The fax number is 865-584-0104.
The email address is docketing@pittslake.com. (authorized)
The registrant's current Correspondence Information: JAMES MICHAEL FAIER of  Faire & Faier P.C.
      566 W ADAMS ST STE 600
      CHICAGO, Illinois 60661-3632
      United States
The phone number is 312-382-9500.
The fax number is 312-382-9200. (not authorized)

The registrant's proposed Correspondence Information: Jonathan M. Blanchard of  Pitts & Lake, P.C.
      P.O. Box 51295
      Knoxville, Tennessee 37950-1295
      United States The docket/reference number is 80073.82.

The phone number is 865-584-0105.
The fax number is 865-584-0104.
The email address is docketing@pittslake.com. (authorized)

A fee payment in the amount of $1000 will be submitted with the form, representing payment for 5 class(es).


Declaration

	The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is still in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration.
	There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the owner's right to register the same or to keep the same on the register.
	There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Vaughn Gittin, Jr./    Date: 02/28/2018
Signatory's Name: Vaughn Gittin, Jr.
Signatory's Position: Owner

Mailing Address (current):
   Faire & Faier P.C.
   566 W ADAMS ST STE 600
   CHICAGO, Illinois 60661-3632

Mailing Address (proposed):
   Pitts & Lake, P.C.
   P.O. Box 51295
   Knoxville, Tennessee 37950-1295

Serial Number: 76704298
Internet Transmission Date: Thu Mar 01 10:35:21 EST 2018
TEAS Stamp: USPTO/SECT15-XX.XX.XX.XX-201803011035211
05368-4234258-51049dcfba1482c6263ae2a2af
1dd485a3816cf86edd2951b1b127ed877036f198
-CC-13959-20180228111533074869