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: 86374730

Filing Date: 08/22/2014

To the Commissioner for Trademarks:

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

The applicant, Dealer Tire, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      3711 Chester Avenue
      Cleveland, Ohio 44114
      United States


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 009:  Computer application software for mobile phones, mobile devices, portable media players, handheld computers, handheld electronic devices, and personal computers, namely, software for use in diagnosing automotive problems and maintenance issues, in predicting replacement, repair and maintenance needs for automotive tires, parts and accessories, in identifying replacement, repair and maintenance options and recommendations for automotive tires, parts and accessories, in providing notifications concerning replacement, repair and maintenance needs for automotive tires, parts and accessories, in providing consumers information concerning promotional offers, options, recommendations and advertisements in the field of automotive tires, parts and accessories, in configuring, monitoring, and displaying pricing and selling tools for automotive tires, parts, and accessories, in estimating installation, replacement, repair and maintenance costs for automotive tires, parts and accessories, in helping consumers identify, inspect, select and purchase automotive tires, parts and accessories, in identifying automotive service providers, and in scheduling appointments for the installation, replacement, repair and maintenance of automotive tires, parts and accessories; Automated systems, namely, software used to monitor and provide predictions, notifications, recommendations, options, information, promotional offers and advertisements concerning automotive tires, parts and accessories; Authentication software for controlling access to and communications with computers
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:  Providing notifications, recommendations, information, promotional offers and advertisements for others in the field of automotive tires, parts and accessories; Business marketing consulting services in the field of automotive tires, parts, and accessories; Advertising, marketing, and promotion services; Providing on-line business information of others, namely, advertisements and solicitations; Providing pricing information about the goods and services of others via the global computer network; On-line retail store services featuring a variety of goods of others in the automotive field; Computerized on-line ordering services in the field of automotive tires, parts, and accessories for others; Online distributorship services in the field of automotive tires, parts, and accessories; Online retail services through direct solicitation directed to end-users in the field of automotive tires, parts, and accessories; Providing a searchable database featuring automotive and/or tire information for consumers in the field of automotive tires, parts, and accessories; Appointment scheduling services for the installation, replacement, repair and maintenance of automotive tires, parts, and accessories for others via the internet or other communications networks
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 037:  Providing an online computerized database featuring information about the installation, replacement, repair and maintenance of automotive tires, parts and accessories; Providing a searchable database featuring information in the field of installation, replacement, repair and maintenance of automotive tires, parts, and accessories for others via the internet or other communications networks
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 042:  Providing temporary use of online non-downloadable software for use in diagnosing automotive problems and maintenance issues, in predicting replacement, repair and maintenance needs for automotive tires, parts and accessories, in identifying replacement, repair and maintenance options and recommendations for automotive tires, parts and accessories, in providing notifications concerning replacement, repair and maintenance needs for automotive tires, parts and accessories, in providing consumers information concerning promotional offers, options, recommendations and advertisements in the field of automotive tires, parts and accessories, in configuring, monitoring, and displaying pricing and selling tools for automotive tires, parts, and accessories, in estimating installation, replacement, repair and maintenance costs for automotive tires, parts and accessories, in helping consumers identify, inspect, select and purchase automotive tires, parts and accessories, in identifying automotive service providers, and in scheduling appointments for the installation, replacement, repair and maintenance of automotive tires, parts and accessories; Providing authentication software for controlling access to and communications with computers
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)).


The applicant's current Attorney Information:
      Lindsey N. Rothrock and Mark Avsec, Susan Clady, Julie Fenstermaker, Nicole Galli, Ed Gecovich, Thomas Kendrick, Benjamen Kern, Thomas Kern, Jeffrey Kosc, Aaron Mendelsohn, Amanda M. Miller, Risto Pribisich, Bryan A. Schwartz, Michael Stovsky, and Matthew Thielemann of Benesch, Friedlander, Coplan & Aronoff LLP

      Suite 2300
      One American Square
      Indianapolis, Indiana 46282-0018
      United States
The attorney docket/reference number is 26213-00195.

The applicant's current Correspondence Information:

Lindsey N. Rothrock

Benesch, Friedlander, Coplan & Aronoff LLP

Suite 2300       One American Square

Indianapolis, Indiana 46282-0018

317-632-3232(phone)

317-632-2962(fax)

trademark@beneschlaw.com (authorized)

A fee payment in the amount of $1300 has been submitted with the application, representing payment for 4 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; 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 goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive. The signatory being 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 the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /James grant/   Date: 08/22/2014
Signatory's Name: Jim Grant
Signatory's Position: Director of User Experience for Applicant
RAM Sale Number: 86374730
RAM Accounting Date: 08/25/2014

Serial Number: 86374730
Internet Transmission Date: Fri Aug 22 15:06:50 EDT 2014
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2014082215065081
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7f0425eb78c5ee1db79511b2939329e5591aeeb-
CC-1508-20140822133949758638