Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: 31 (stylized and/or with design)
SERIAL NUMBER: 78766470

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, RCR Enterprises, LLC, having an address of 425 Industrial Drive, Welcome, North Carolina United States 27374, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 041:
Current identification: Entertainment services in the nature of automobile racing and exhibitions

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 02/16/1997, and first used in commerce at least as early as 02/16/1997, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) brochure displaying mark and describing services.
Specimen File1

The applicant hereby appoints Mitchell A. Tuchman and Christine S. Beaman, M. Christopher Bolen, Kathryn M. Eyster, Anne C. Fleeson, Jack B. Hicks, Sarah Anne Keefe, Jeffrey R. McFadden, C. Robert Rhodes, Randel S. Springer, Maury M. Tepper, III of  WOMBLE CARLYLE SANDRIDGE & RICE PLLC, PO Box 13069, Research Triangle Park, North Carolina United States 27709 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 23405.3.5.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like 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 this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /Mitchell A. Tuchman/      Date Signed: 01/30/2008
Signatory's Name: Mitchell A. Tuchman
Signatory's Position: Attorney of record

Mailing Address:
   WOMBLE CARLYLE SANDRIDGE & RICE PLLC
   
   
   PO, BOX 13069

Mailing Address:
   WOMBLE CARLYLE SANDRIDGE & RICE PLLC
   
   PO Box 13069
   Research Triangle Park, North Carolina 27709

RAM Sale Number: 2703
RAM Accounting Date: 01/31/2008

Serial Number: 78766470
Internet Transmission Date: Wed Jan 30 17:41:38 EST 2008
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200801301741388
85474-78766470-40071a9b914f4501af39935fe
eb4a6b73e-DA-2703-20080130164840711856