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: 78555923
Filing Date: 01/28/2005

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 TPS.

The applicant, Bombardier Recreational Products Inc., a corporation of Canada, residing at 726 St-Joseph Street, Valcourt, Canada, J0E2L0, 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.

Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 035: Advertising, cooperative advertising of personal watercraft, namely, single and multiple passenger recreational jet boats and structural parts therefor for others by means of placing news paper advertisements, circulating brochures, posters, banners, and providing information via the Internet and selling of personal watercraft, namely, single and multiple passenger recreational jet boats and structural parts therefor; promoting the sale of personal watercraft, namely, single and multiple passenger recreational jet boats and structural parts therefor for others by means of placing news paper advertisements, circulating brochures, posters, banners, and providing information via the Internet.

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Canada application number, 1232687, filed 10/05/2004.15 U.S.C. Section 1126(d), as amended.

      International Class 035:Advertising, cooperative advertising of personal watercraft, namely, single and multiple passenger recreational jet boats and structural parts therefor for others by means of placing news paper advertisements, circulating brochures, posters, banners, and providing information via the Internet and selling of personal watercraft, namely, single and multiple passenger recreational jet boats and structural parts therefor; promoting the sale of personal watercraft, namely, single and multiple passenger recreational jet boats and structural parts therefor for others by means of placing news paper advertisements, circulating brochures, posters, banners, and providing information via the Internet.

Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of Canada registration number __________, registered __________ with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

      International Class 035: Advertising, cooperative advertising of personal watercraft, namely, single and multiple passenger recreational jet boats and structural parts therefor for others by means of placing news paper advertisements, circulating brochures, posters, banners, and providing information via the Internet and selling of personal watercraft, namely, single and multiple passenger recreational jet boats and structural parts therefor; promoting the sale of personal watercraft, namely, single and multiple passenger recreational jet boats and structural parts therefor for others by means of placing news paper advertisements, circulating brochures, posters, banners, and providing information via the Internet.

The applicant hereby appoints Jonathan D. Cutler and Jennifer E. Millson of Bombardier Recreational Products Inc., Intellectual Property Dept., P.O. Box 230, Norton, VT, United States, 05907-0230 to submit this application on behalf of the applicant. The attorney docket/reference number is RT-00491-US2.

The applicant hereby appoints BRP US Inc., Legal Services Dept., 10101 Science Drive, Sturtevant, WI, USA 53177 as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

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

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: /JDC/   Date: 01/28/2005
Signatory's Name: Jonathan D. Cutler
Signatory's Position: Director, Intellectual Property


Mailing Address:
     Jonathan D. Cutler
     Intellectual Property Dept.
     P.O. Box 230
     Norton, VT 05907-0230

RAM Sale Number: 29
RAM Accounting Date: 01/31/2005

Serial Number: 78555923
Internet Transmission Date: Fri Jan 28 14:58:58 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200501281458583343
70-78555923-200c1ed2f9e55b760f7494eadc36
7aecd54-CC-29-20050128145546235417