TEAS Plus New 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

TEAS Plus Application

Serial Number: 78760257

Filing Date: 11/23/2005

To the Commissioner for Trademarks:
MARK: 26 (Standard Characters, see mark)
The literal element of the mark consists of 26. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Roush Corporation dba Roush Racing, a corporation of Michigan, residing at 4600 Roush Place, NW, Concord, North Carolina, United States, 28027-7116, 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.

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 006:  Metal key chains; Metal license plates; Metal money clips; Metal nameplates and door nameplates

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 014:  Charms; Jewelry; Jewelry pins for use on hats; Lapel pins ; Ornamental lapel pins; Ornamental pins

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 016:  Adhesive note pads; Binders; Blank note cards; Brochures about racing teams and their drivers ; Bumper stickers; Calendars; Decals; Desk calendars; Note pads; Photographic prints; Photographs; Pocket calendars; Posters; Posters made of paper; Printed calendars; Prints in the nature of race cars and race car drivers; Sports trading cards; Stickers; Trading cards; Wall calendars

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 018:  Leather bags, suitcases and wallets; Wallets

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 020:  Cushions; Cushions ; Key fobs, not of metal; Non-metal and non-leather key chains; Non-metal key holders; Non-metal key rings; Plastic key chain tags; Plastic key rings; Plastic key tags; Plastic novelty license plates; Seat cushions; Stadium cushions

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 021:  Drinking glasses; Glass mugs; Insulating sleeve holders for beverage cans; Thermal insulated containers for food or beverage; Thermal insulated tote bags for food or beverages; Thermal insulated wrap for cans to keep the contents cold or hot

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 024:  Cloth banners; Cloth flags; Towels

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 026:  Ornamental novelty pins

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 028:  Model cars; Play motor cars; Toy model cars

For specific filing basis information for each item, you must view the display within the Input Table.
       International Class 041:  Entertainment in the nature of automobile races; Entertainment services, namely performing and competing in motor sports events; Entertainment services, namely, personal appearances by a race car driver

If the applicant is filing under Section 1(b), intent to use, the applicant declares that it 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), as amended.

If the applicant is filing under Section 1(a), actual use in commerce, the applicant declares that it is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

If the applicant is filing under Section 44(d), priority based on foreign application, the applicant declares that it 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 a specified foreign application(s). 15 U.S.C. Section 1126(d), as amended.

If the applicant is filing under Section 44(e), foreign registration, the applicant declares that it has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and submits a copy of the supporting foreign registration(s), and translation thereof, if appropriate. 15 U. S.C. Section 1126(e), as amended.

The applicant hereby appoints Jesse B. Ashe, III and Philip Summa, Richard Additon, Albert Allan, Melissa Pendleton, Paul Pedigo, Brian Johnson, and Marci Greci of Summa, Allan, & Additon, P.A., Suite 200, 11610 North Community House Road, Charlotte, North Carolina, United States, 28277 to submit this application on behalf of the applicant. The attorney docket/reference number is 2101.056.

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

A fee payment in the amount of $2750 will be submitted with the application, representing payment for 10 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: /Jesse B. Ashe, III/   Date: 11/23/2005
Signatory's Name: Jesse B. Ashe, III
Signatory's Position: Attorney for Applicant
Mailing Address:
     Jesse B. Ashe, III
     Suite 200
     11610 North Community House Road
     Charlotte, North Carolina 28277

RAM Sale Number: 1623
RAM Accounting Date: 11/23/2005

Serial Number: 78760257
Internet Transmission Date: Wed Nov 23 13:39:08 EST 2005
TEAS Stamp: USPTO/FTK-XXX.XX.XXX.XXX-200511231339083
22370-78760257-3001eb1dd859c9831c3e1ec58
ab567407f-CC-1623-20051123130250183127