Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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

To the Commissioner for Trademarks:

MARK: FENTON
SERIAL NUMBER: 77007305

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

The applicant, Speedway Motors, Inc., having an address of P.O. Box 81906, Lincoln, Nebraska United States 68501, 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:
Current identification: Motor vehicle components and engine parts, namely, cylinder blocks, cylinder heads, crank shafts, connecting rods for motors and engines, rod and main bearings, metal engine gaskets, non-metal engine gaskets, gaskets for internal combustion engines, camshafts, oil pans, turbo chargers, carburetors, fuel injectors; intake and exhaust valves for cylinder heads of motors and engines for land vehicles; valve springs, water pumps, intake manifolds; exhaust systems for vehicles, namely exhaust headers, exhaust manifolds, exhaust pipes, exhaust silencers; radiators, cooling fans, ignition devices for motors of land vehicles, ignition wires, spark plugs and bushings; and flywheels

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: Motor vehicle components and engine parts, namely, cylinder blocks, cylinder heads, crank shafts, connecting rods for motors and engines, rod and main bearings, metal engine gaskets, non-metal engine gaskets, gaskets for internal combustion engines, camshafts, oil pans, turbo chargers, carburetors, fuel injectors; intake and exhaust valves for cylinder heads of motors and engines for land vehicles; valve springs, water pumps, intake manifolds; exhaust systems for vehicles, namely, exhaust manifolds, exhaust pipes, exhaust silencers; radiators, cooling fans, ignition devices for motors of land vehicles, ignition wires, spark plugs and bushings; and flywheels.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Exhaust headers. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 00/00/1997, and first used in commerce at least as early as 00/00/1997, 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 mark as used on the product.
Specimen File1
Specimen File2

For International Class 012:
Current identification: Motor vehicle components, namely, clutches, axles, differentials; alignment components, namely ball joints, camber eccentric bolts, adjustable camber links; chassis stiffening components, namely, rods, tubes, braces, brackets, and rod and tube ends to be mounted to the body and frame of land vehicles; high performance disk brake conversion assemblies sold as a unit, brake rotors, brake calipers, and brake pads; land vehicle suspension parts, namely-- swing arms, swing arm birdcages, swedged steel tubes, heim ends, jam nuts, link mounts, panhard bar frame mounts, panhard bar clamps, panhard bar brackets, pull bars, coil springs, coil spring sliders, leaf springs, weight jack bolts, jack plates, adjustable control arms and control arm bushings, A arm mounts, A arm shims, A arm spacers, shock absorbers, shock mounts, ball joints, spindles, drag links, idler arms, tie rods, clevises, wheel bearings, weight jacks, pitman arms, torque arms, spring perches, clamp on spring perches, link mounts, spring adaptors, spring pull bars, lowering blocks, shackles, leaf spring sliders, spring plates, and pull bars

This entire class is to either be deleted from the application OR processed according to a separately filed Request to Divide.


The applicant hereby appoints Charles J. Meyer and C. David Emhardt 18,483; Joseph A. Naughton 19,814; John V. Moriarty 26,207; John C. McNett 25,533; Thomas Q. Henry 28,309; James M. Durlacher 28,840; Charles R. Reeves 28,750; Vincent O. Wagner 29,596; Steve Zlatos 30,123; Spiro Bereveskos 30,821; R. Randall Frisk 32,221; Daniel J. Lueders 32,581; Kenneth A. Gandy 33,386; Timothy N. Thomas 35,714; Kurt N. Jones 37,996; Holiday W. Banta 40,311; Troy J. Cole 35,102; Charles J. Meyer 41,996; Lisa A. Hiday 40,036; Christopher A. Brown 41,642; John M. Bradshaw 46,573; Quentin G. Cantrell 47,469; Charles P. Schmal 45,082; Edward E. Sowers 36,015; Michael S. Wherry 53,764; Elizabeth A. Shuster 52,672; Timothy B. Paul 51,203; Teresa E. Knight 56,132; Marta L. Puckett 57,256; Douglas G. Gallagher 57,783, Kristopher T. Lynch 51,291, Darrin W. Harris 40,636; William A. McKenna, and James R. Blaufuss of  Woodard, Emhardt, Moriarty, McNett & Henry LLP, 111 Monument Circle, Suite 3700, INDIANAPOLIS, Indiana United States 46204 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 7440-58.

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: /Charles J.Meyer/      Date Signed: 02/29/2008
Signatory's Name: Charles J. Meyer
Signatory's Position: Attorney of Record

Mailing Address:
   WOODARD, EMHARDT, MORIARTY, MCNETT & HEN
   
   111 MONUMENT CIR STE 3700
   INDIANAPOLIS, Indiana 46204-5137

Mailing Address:
   Woodard, Emhardt, Moriarty, McNett & Henry LLP
   
   111 Monument Circle, Suite 3700
   INDIANAPOLIS, Indiana 46204

RAM Sale Number: 8588
RAM Accounting Date: 02/29/2008

Serial Number: 77007305
Internet Transmission Date: Fri Feb 29 13:09:07 EST 2008
TEAS Stamp: USPTO/SOU-XXX.XX.XXX.X-20080229130907768
674-77007305-40038d9383056c1d82b753f4a8e
715-CC-8588-20080229121228172543