Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78502967
Filing Date: 10/20/2004

To the Commissioner for Trademarks:

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

The applicant, RED Speedway, Inc., a corporation of Kansas, residing at 4717 Central, Kansas City, MO, United States, 64112, 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.

The applicant, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

      International Class 036: Shopping center services, namely, leasing and management of mall space

In International Class 036, the mark was first used at least as early as 07/31/2003, and first used in commerce at least as early as 07/31/2003, 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) Tenant Presentation Materials.

      Specimen - 1

The applicant hereby appoints Kyle L. Elliott and Michael A. Thorne, Christopher J. Eaton, William W. Lewis, III of SPENCER FANE BRITT & BROWNE LLP, Suite 1400, 1000 Walnut Street, Kansas City, MO, United States, 64106 to submit this application on behalf of the applicant. The attorney docket/reference number is 5009263-33.

A fee payment in the amount of $335 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: /Dan Lowe/   Date: 10/20/2004
Signatory's Name: Dan Lowe
Signatory's Position: President


Mailing Address:
     Kyle L. Elliott
     Suite 1400
     1000 Walnut Street
     Kansas City, MO 64106

RAM Sale Number: 166
RAM Accounting Date: 10/21/2004

Serial Number: 78502967
Internet Transmission Date: Wed Oct 20 15:59:10 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20041020155910457418
-78502967-2003c69bc1b21e7347b7d9adbe9368
d3-CC-166-20041018171239873155