Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

---

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77010612

Filing Date: 09/29/2006

To the Commissioner for Trademarks:

MARK: BEST OF THE ROAD (Standard Characters, see mark)
The literal element of the mark consists of BEST OF THE ROAD. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Rand McNally & Company, a corporation of Delaware, having an address of 8255 North Central Park Avenue, Skokie, Illinois, United States, 60076, requests registration of the trademark/service mark identified above 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.

       International Class 016:  maps and atlases

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 016, the mark was first used at least as early as 08/01/2001, and first used in commerce at least as early as 08/01/2001, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) photograph of product displaying trademark.
Specimen File1
Specimen File2
Specimen File3

       International Class 039:  travel guide maps and atlases made available on-line

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 039, the mark was first used at least as early as 08/01/2001, and first used in commerce at least as early as 08/01/2001, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) photograph of product displaying trademark.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.

The applicant claims ownership of U.S. Registration Number(s) 0734948 and 1387417.

The applicant hereby appoints G. Courtney Holohan and JAMES M. AMEND, P.C., WILLIAM A. STREFF, JR., P.C., GREGG KIRCHHOEFER, LINDA S. DEBRUIN, NEIL S. HIRSHMAN, P.C., MARK A. PALS, P.C., DAVID K. CALLAHAN, P.C., PAUL R. GARCIA, JEFFERY S. NORMAN, C. CHADD TAYLOR, WILLIAM E. DEVITT, GARRET A. LEACH, MARY E. ZAUG, LAURA A. HEPBURN, MICHAEL A. PARKS, MARCUS EDWARD SERNEL, SETH TRAXLER, MICHAEL P. BREGENZER, MICHELLE A. H. FRANCIS, C. GRAHAM GERST, COURTNEY HOLOHAN, CRAIG D. LEAVELL, PAUL D. COLLIER, LISA M. HOLUBAR, JAMIE McDOLE, ROBIN A. RADEMACHER, JAMES A. SHIMOTA, GIANNI CUTRI, COLBY ANNE KINGSBURY, CHRISTOPHER R. LIRO, KAREN NELSON, KRISTA NUNEMAKER, MARK VARBONCOUER,TIFFANY P. CUNNINGHAM, DAWN H. DAWSON, JAMI A. JAROSCH, NYIKA O. STRICKLAND, RACHEL PERNIC WALDRON, KAL K. SHAH, ANN MARIE WAHLS, KRISTEN J. ALLEN, AARON D. CHARFOOS, JARED E. HEDMAN, MICHELLE W. JORDAN, TOM MONAGAN, WILLIAM CORY SPENCE, PALAK V. SHAH, ANDREW DUSTIN, SHIRA KAPPLIN, DAVID ROKACH, KAREN SCHWEICKART, MIN WANG, MEREDITH ZINANNI, SUZANNE MILNE ALEXANDER, DANIEL S. EBNER, SARAH J. FREY, SERENA GONDEK, ERIC D. HAYES, MARIA MEGINNES, KARIN W. PREUSSE, WONAH K. ROSS, TODD M. BROBERG, MICHAEL I. COHEN, MELODY N. DRUMMOND, JOANNA B. GUNDERSON, JORDAN M. HEINZ, MATTHEW J. HERTKO, ELISA D. HUGHES, JORDAN L. JONAS, CHRISTOPHER M. KAISER, MEREDITH KRANNICH, HOWARD LEVIN, BRYCE A. MAUTNER, DANIEL C. MOORE, BRYAN C. RUTSCH, MATTHEW J. SHIELS, JAMIE L. SIMPSON, CHUAN SUN, DEANNA R. SWITS, and LYDIA E. WAHLKE each a member of the bar of the State of Illinois, RUSSELL E. LEVINE, P.C., a member of the bar of the States of Illinois and New York, BARRY F. IRWIN, a member of the bar of the States of Illinois and the District of Columbia, ROSS M. WEISMAN, a member of the bar of the States of Illinois and New Hampshire, BRYAN S. HALES, a member of the bar of the States of Illinois and Texas, PAUL R. STEADMAN, a member of the bar of the States of Illinois and the District of Columbia, JOSEPH J. JACOBI, a member of the bar of the States of Illinois and Indiana, IMRON T. ALY, a member of the bar of the States of Illinois and Missouri, JAMES B. COUGHLAN, a member of the bar of the State of Illinois and the District of Columbia; TOMOKO ITOGA, a member of the bar of the States of California, Illinois and the District of Columbia, ADAM J. GILL, a member of the bar of the States of California and Illinois, SHUAIB A. ATIQUE, a member of the bar of the a member of the bar of the States of Illinois and California and the Commonwealth of Massachusetts, ALISON R. AUBRY, a member of the bar of the State of Illinois and the Commonwealth of Massachusetts, REBECCA D. WALKER, a member of the bar of the States of New Mexico and Illinois, DAVID W. HIGER, a member of the bar of the States of Idaho and Illinois, ERICK OTTOSON, a member of the bar of the States of Minnesota and Illinois, NOAH F. WEBSTER, a member of the bar of the State of Illinois and American Samoa, each of Kirkland & Ellis LLP, with offices at 200 East Randolph Drive, Suite 5300, Chicago, Illinois 60601; and DANIEL F. ATTRIDGE, a member of the bar of the District of Columbia; EDWARD DONOVAN, a member of the bar of the State of New York and the District of Columbia, GREGG F. LOCASCIO, a member of the bar of the Commonwealth of Virginia and the District of Columbia, KAREN M. ROBINSON, a member of the bar of the District of Columbia and the State of New York; JOHN BATTAGLIA, a member of the Commonwealth of Massachusetts and the District of Columbia, CHARANJIT BRAHMA, a member of the State of California, GREGORY CORBETT, a member of the Commonwealth of Massachusetts and the District of Columbia, JOHN C. O’QUINN, a member of the bar of the State of North Carolina and the District of Columbia; and COREY J. MANLEY, a member of the bar of the State of Illinois and the District of Columbia, each of Kirkland & Ellis LLP, with offices at 655 Fifteenth Street, N.W., Washington, D.C. 20005; and JOHN DESMARAIS, a member of the bar of the State of New York and the District of Columbia, GERALD J. FLATTMANN, JR., a member of the bar of the State of New York and the District of Columbia; PAUL A. BONDOR, a member of the bar of the State of New York and the District of Columbia, THOMAS D. PEASE, a member of the bar of the States of New Jersey and New York, SCOTT R. SAMAY, a member of the bar of the States of New Jersey and New York, DAVID MacDONALD, a member of the bar of the States of New York and New Jersey, JAMES E. MARINA, a member of the bar of the States of New York and New Jersey, ERIC W. DITTMANN a member of the States of New Jersey and New York, JORDAN N. MALZ, a member of the States of New Jersey and New York, HOWARD D. SHATZ, a member of the States of New York and New Jersey, JASON S. GRAUCH, a member of the States of New York and California, KEVIN F. ROTHMAN, a member of the bar of the states of New York and California, ANNE S. TOKER, a member of the bar of the States of Massachusetts and New York, BRIAN P. VERMINSKI, a member of the bar of the States of California and New York, GREGORY A. MORRIS, a member of the bar of the States of Connecticut and New York, GREGORY S. AROVAS, AVINASH S. LELE, LISA SAMENFELD, PETER J. ARMENIO, ROBERT A. APPLEBY, JAMES BAILEY, JOSEPH C. GIOCONDA, TODD M. FRIEDMAN, JON T. HOHENTHANER, ALAN S. KELLMAN, EDWARD H. SADTLER, F. CHRISTOPHER MIZZO, MICHAEL P. STADNICK, WILLIAM T. VUK, RITA L. BERARDINO, JENNY LEE, ELLEN A. SCORDINO, CHRISTINE WILLGOOS, ALEXIS GORTON, JEANNE M. HEFFERNAN, ELIZABETH BERNARD, TIMOTHY GILMAN, REBECCA HAZARD, CHRIS KAO, RICHARD M. KOEHL, DAVID B. PERRY-CAMPF, CHARLOTTE A. PONTILLO, RACHEL M. FEINMAN, KATHERINE M. LIBERATORE, JOSEPH A. LOY, JOHN C. SPACCAROTELLA, RAYMOND C. WOODRING, LIDORE A. AMIT, ANDREW G. HEINZ, AARON J. SCHECHTER, each a member of the bar of the State of New York, each of Kirkland & Ellis LLP, with offices at Citigroup Center, 153 East 53rd Street, New York, New York 10022-4675; and ROBERT G. KRUPKA, P.C., a member of the bar of the States of Illinois, Colorado, California and the District of Columbia, ALEXANDER F. MacKINNON, a member of the bar of the States of Illinois and California, LUKE L. DAUCHOT, a member of the bar of the States of California, Illinois and Ohio, COREY C. WATSON, a member of the bar of the States of Arizona and California, BRIAN ARNOLD, a member of the bar of the States of California and Utah, GREER N. SHAW, a member of the bar of the States of California and Massachusetts, ALICE HSIEH, a member of the bar of the States of California and New York, DAVID SHUKAN, MARC COHEN, ERIC W. HAGEN, EPHRAIM D. STARR, G. SETH BEAL, LAURA M. BURSON, J DREW DIAMOND, GUY RUTTENBERG, PHILIP CHEN, LINDSAY DINN CASAMASSIMA, NICK G. SAROS, PAUL S. BROWN, CHRIS ALMAND, JULIAN D. FORMAN, VALERIE H. LEUNG, HELEN HONG, TIMOTHY MAJORS, F. WADE ACKERMAN, JONATHAN E. PHILLIPS, EMILY E. TERRELL, DEREK J. BRICE, RICHARD T. JACKSON, each a member of the bar of the State of California, each of Kirkland & Ellis LLP, with offices at 777 Tower, 777 South Figueroa Street, Los Angeles, California 90017, and STEPHEN JOHNSON, a member of the bar of the States of Illinois, New York and California, KENNETH BRIDGES, a member of the bar of the states of California and Illinois; JOHN LYNN, a member of the bar of the states of California and New York, AKIHITO NAKAMACHI, a member of the bar of the States of California and New York and the country of Japan, TERRY L. TANG, a member of the bar of the State of California and the District of Columbia; CHRISTOPHER W. KEEGAN, a member of the bar of the State of Illinois, ERIC LAMISON, BAO NGUYEN, BENJAMIN R. OSTAPUK, ZACHARIAH A. HIGGINS, ADAM R. ALPER, PERRY R. CLARK, ALICE C. GARBER, KIMBERLY A. SCHMITT, KAREN A. SPINDLER, RYAN CASAMIQUELA, CHRISTINE E. DUH, BENJAMIN T. DURANSKE, GRACE N. KAO, RUSSELL TONKOVICH, PABLO D. ARREDONDO, THAYER M. PREECE, R. ROY WANG, each a member of the bar of the State of California, each of Kirkland & Ellis LLP, with offices at 555 California Street, San Francisco, California 94104 of Kirkland & Ellis LLP, Suite 5300, 200 East Randolph Drive, Chicago, Illinois, United States, 60601 to submit this application on behalf of the applicant. The attorney docket/reference number is 21872-114.

Correspondence Information:	G. Courtney Holohan
	Suite 5300
	200 East Randolph Drive
	Chicago, Illinois 60601
	312-861-2000(phone)
	312-861-2200(fax)

A fee payment in the amount of $650 will be submitted with the application, representing payment for 2 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made 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 the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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: /G. Courtney Holohan/   Date Signed: 09/29/2006
Signatory's Name: G. Courtney Holohan
Signatory's Position: Attorney for Applicant



RAM Sale Number: 758
RAM Accounting Date: 10/02/2006

Serial Number: 77010612
Internet Transmission Date: Fri Sep 29 15:03:50 EDT 2006
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.X-20060929150350365
481-77010612-350d24a8d2d533beb419f788d26
e6a66c95-DA-758-20060929144243572451