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: 78537164
Filing Date: 12/22/2004

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of EQUALIZER.

The applicant, MICHAEL HAWKINS, a citizen of United States, residing at 3328 Catlett Road, Catlett, VA, United States, 22019, 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 012: Entertainment services, namely, performing and competing in motor sporting events
      International Class 041: Providing education and sponsorhip services related to promoting oversize truck racing

In International Class 012, the mark was first used at least as early as 03/01/1987, and first used in commerce at least as early as 05/01/1987, 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) specimen shown on racing truck, trailer and team clothing.

      Specimen - 1

In International Class 041, the mark was first used at least as early as 03/01/1987, and first used in commerce at least as early as 05/01/1987, 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) specimen showing sponsorship of monster truck equalizer website www.equalizerracin.com.

      Specimen - 1
      Specimen - 2

The applicant hereby appoints Juan Carlos A. Marquez of REED SMITH LLP, Suite 1400, 3110 Fairview Park Drive, Fairfax, VA, United States, 22042 to submit this application on behalf of the applicant. The attorney docket/reference number is HKIN.0001.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: jmarquez@reedsmith.com.

A fee payment in the amount of $670 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: /juan carlos a. marquez/   Date: 12/22/2004
Signatory's Name: Juan Carlos A. Marquez
Signatory's Position: Attorney at Law


Mailing Address:
     Juan Carlos A. Marquez
     Suite 1400
     3110 Fairview Park Drive
     Fairfax, VA 22042

RAM Sale Number: 150
RAM Accounting Date: 12/23/2004

Serial Number: 78537164
Internet Transmission Date: Wed Dec 22 15:42:02 EST 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2004122215420239841
1-78537164-200ff9d82a5ad0169b9697cf42574
429b2-DA-150-20041222153954929797