Application

PTO Form 1478 (Rev 9/2006)

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

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PTO Form 1478 (Rev 9/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 77165292

Filing Date: 04/25/2007

To the Commissioner for Trademarks:

MARK: XLR8 (Standard Characters, see mark)
The literal element of the mark consists of XLR8. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Scott Brundage, a citizen of United States, having an address of P.O. Box 35618, Las Vegas, Nevada, United States, 89133, 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 028:  athletic gloves for baseball, racquetball, golf, football and motocross; baseball training products & golf training products; baseball and softball bats; practice baseballs; grips and grip tape for bats, racquets, and golf clubs

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 028, the mark was first used at least as early as 09/24/2001, and first used in commerce at least as early as 09/24/2001, 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) packaged baseball batting glove demonstrating use of the mark on the glove.
Specimen File1

The applicant hereby appoints Ira David and Robert Ryan Morishita of Morishita Law Firm, Suite 850, 3800 Howard Hughes Pkwy, Las Vegas, Nevada, United States, 89169 to submit this application on behalf of the applicant. The attorney docket/reference number is BRUNDAGE 07-01.

Correspondence Information:	Ira David
	Suite 850
	3800 Howard Hughes Pkwy
	Las Vegas, Nevada 89169
	702-222-2113(phone)
	702-227-0615(fax)
	firm@morishitalawfirm.com (authorized)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 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: /Scott Brundage/   Date Signed: 04/25/2007
Signatory's Name: Scott Brundage
Signatory's Position: Owner



RAM Sale Number: 18
RAM Accounting Date: 04/26/2007

Serial Number: 77165292
Internet Transmission Date: Wed Apr 25 14:48:00 EDT 2007
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-200704251448009
24158-77165292-370182c85dce19ad731f7f781
1cad43356-ET-18-20070425144012301200