Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86216612

Filing Date: 03/10/2014

To the Commissioner for Trademarks:

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

The applicant, BRP-POWERTRAIN GMBH & CO KG, a kommanditgesellschaft (kg) legally organized under the laws of Austria, having an address of
      Welser Strasse 32
      Gunskirchen A-4623
      Austria


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 the following:

       International Class 007:  Engines for non-land vehicles and structural parts thereof; personal watercraft engines and structural parts thereof; aircraft engines and structural parts thereof

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 European Community application number 012614236, filed 02/19/2014. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 012:  Engines for land vehicles and structural parts thereof; snowmobile engines and structural parts thereof; all-terrain vehicle engines and structural parts thereof; go-cart engines and structural parts thereof; side-by-side vehicle engines and structural parts thereof; three-wheeled vehicle engines and structural parts thereof

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 European Community application number 012614236, filed 02/19/2014. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant claims ownership of U.S. Registration Number(s) 2901999.

The applicant's current Attorney Information:
      James R Menker and Gabrielle A Holley; Amy C Menker of Holley & Menker, PA
      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
The attorney docket/reference number is 1022.0009.

The applicant's current Correspondence Information:

James R Menker

Holley & Menker, PA

PO Box 331937

Atlantic Beach, Florida 32233

9042472620(phone)

2022801177(fax)

eastdocket@holleymenker.com (authorized)

A fee payment in the amount of $650 has been 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.

Declaration Signature

Signature: /jmenker/   Date: 03/10/2014
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Virginia bar member
RAM Sale Number: 86216612
RAM Accounting Date: 03/11/2014

Serial Number: 86216612
Internet Transmission Date: Mon Mar 10 16:48:07 EDT 2014
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201403101648078
25212-86216612-50070e192807b8e80947de9f5
38586ff4222a1ee04ac1c391f436d7da79c8ec90
2b-CC-4136-20140310164002858717