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: 86490840

Filing Date: 12/26/2014

To the Commissioner for Trademarks:

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

The applicant, TOPEAK INC., a corporation of Taiwan, having an address of
      8th Floor-4, No. 20 Dalong Road
      Taichung
      Taiwan


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 006:  Badges of metal for vehicles; Baskets of metal; Bells; Bicycle parking installations of metal; Bottles for compressed gas or liquid air; Containers of metal for compressed gas or liquid air; Hardware of metal, small; Identity plates of metal; Keys; Locks of metal for bags; Locks of metal for vehicles; Locks of metal, other than electric; Padlocks; Rings of common metal for keys; Spring locks; Tool boxes of metal, empty; Tool chests of metal, empty; Tool handles of metal; Metal storage racks for bicycles; metal work stands and parts therefore;

In International Class 006, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/03/2003, and first used in commerce at least as early as 03/03/2003, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Mark as applied to a metal work stand.
Specimen File1

       International Class 008:  abrading instruments; air pumps, hand-operated; augers; awls; bits; bits; blade sharpening instruments; blades; borers; bow saws; chisels; cuticle nippers; cuticle tweezers; cutters; cutting tools; dies; drill holders; drills; emery files; files; forks; frames for handsaws; garden tools, hand-operated; hammers; hand drills; hand pumps; hand tools, hand-operated; hobby knives; jig-saws; knives; levers; mallets; manicure sets; nail files; nippers; pin punches; pincers; pizza cutters, non-electric; pliers; punches; rasps; ratchets; reamers; saw blades; saw holders; saws; scissors; screw stocks; screwdrivers; sharpening stones; tap wrenches; tube cutters; tube cutting instruments; tweezers; wrenches; Hand-operated tools, namely, multi-function pocket tools, cycling mini tools, chain tools, wrenches, torque wrenches, pipe cutters, sockets for wrenches, cable cutters, pliers, screwdrivers; hand locking tools, namely, locking wrenches;

In International Class 008, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 07/15/1995, and first used in commerce at least as early as 07/15/1995, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Mark as applied to a multi-function pocket tool.
Specimen File1

       International Class 009:  accumulators, electric; accumulators, electric, for vehicles; acoustic alarms; alarm bells, electric; alarms; altimeters; anode batteries; anti-glare glasses; anti-theft warning apparatus; apparatus for recording distance; automatic indicators of low pressure in vehicle tires; automatic indicators of low pressure in vehicle tires; automatic indicators of low pressure in vehicle tyres; bags adapted for laptops; balances; barometers; batteries for lighting; batteries, electric; batteries, electric, for vehicles; battery boxes; battery chargers; beacons, luminous; bells; blinkers; buzzers; cabinets for loudspeakers; calibrating rings; calipers; camcorders; cameras; carpenters' rules; cell phone straps; cell switches; central processing units; chargers for electric batteries; chips; chronographs; compasses; computer programmes, recorded; computer programs; computer software applications, downloadable; computer software, recorded; counters; data processing apparatus; digital photo frames; directional compasses; distance measuring apparatus; distance recording apparatus; diving suits; dynamometers; ergometers; eyeglass cases; eyeglass chains; eyeglass cords; eyeglass frames; eyeglasses; eyepieces; flashing lights; galvanic batteries; galvanic cells; gauges; Global Positioning System apparatus; goggles for sports; gradient indicators; hands free kits for phones; headphones; horns for loudspeakers; hygrometers; identity cards, magnetic; inclinometers; inductors; integrated circuit cards; integrated circuits; inverters; jigs; kilometer recorders for vehicles; light-emitting diodes; locks, electric; manometers; measures; measuring apparatus; measuring devices, electric; measuring instruments; microprocessors; mirrors; mouse pads; navigation apparatus for vehicles; optical apparatus and instruments; optical glass; optical goods; pedometers; plugs, sockets and other contacts; pressure gauges; pressure indicators; pressure measuring apparatus; protective helmets; protective helmets for sports; push buttons for bells; remote control apparatus; riding helmets; rulers; rules; satellite navigational apparatus; scales; sleeves for laptops; slide calipers; slide-rules; slope indicators; sockets, plugs and other contacts; solar batteries; spectacle cases; spectacle frames; spectacle lenses; spectacles; speed checking apparatus for vehicles; speed indicators; sunglasses; surveying apparatus and instruments; surveying chains; surveying instruments; temperature indicators; theft prevention installations, electric; verniers; walkie-talkies; weighing apparatus and instruments; weighing machines; whistle alarms; cases for cell phones and PADs; Electronic monitoring devices not for health purposes comprised of microprocessors, digital display, and accelerometers, for detecting, storing, reporting, monitoring, uploading and downloading sport, fitness training, and activity data to the Internet, and for communication with personal computers, regarding time, steps taken, calories burned, distance; USB (universal serial bus) hardware and USB (universal serial bus) operating software; computer software for documenting and recording users fitness level; electronic monitoring devices comprised of speed indicators that light up and change color based on wearer's cumulative activity level;

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/28/2000, and first used in commerce at least as early as 01/28/2000, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Mark as applied to a speed checking apparatus for vehicles.
Specimen File1

       International Class 011:  bicycle lights; cycle lights; flares; flashlights; lamps; light-emitting diodes lighting apparatus; lighting apparatus and installations; luminous tubes for lighting; pocket searchlights; pocket torches, electric; safety lamps; torches for lighting; vehicle headlights;

In International Class 011, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/14/1994, and first used in commerce at least as early as 01/14/1994, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Mark as applied to a bicycle light.
Specimen File1

       International Class 012:  adhesive rubber patches for repairing inner tubes; air pumps; anti-theft alarms for vehicles; anti-theft devices for vehicles; audible warning systems for cycles; baby carriages; baskets adapted for cycles; bicycle bells; bicycle brakes; bicycle chains; bicycle frames; bicycle handle bars; bicycle pumps; bicycle rims; bicycle saddles; bicycle spokes; bicycle stands; bicycle tires; bicycles; brake discs for vehicles; brake linings for vehicles; brake pads for automobiles; brake shoes for vehicles; brakes for bicycles, cycles; brakes for vehicles; carrier tricycles; carts; casings for pneumatic tires; casters for trolleys; chains for bicycles, cycles; cleaning trolleys; covers for baby carriages; cycle bells; cycle brakes; cycle chains; cycle frames; cycle handle bars; cycle hubs; cycle mudguards; cycle pumps; cycle rims; cycle saddles; cycle spokes; cycle stands; cycle tires; cycles; direction indicators for bicycles; dress guards for bicycles, cycles; electric vehicles; fitted perambulator covers; frames for bicycles, cycles; gears for cycles; hand cars; handle bars for bicycles, cycles; handling carts; hoods for baby carriages; hub caps; hubs for vehicle wheels; hydraulic circuits for vehicles; inner tubes for bicycles, cycles; inner tubes for pneumatic tires; kick sledges; luggage carriers for vehicles; luggage nets for vehicles; motors for cycles; motors, electric, for land vehicles; mudguards; panniers adapted for cycles; pedals for cycles; pneumatic tires; prams; pumps for bicycles, cycles; pushchair covers; pushchair hoods; pushchairs; rearview mirrors; repair outfits for inner tubes; rims for wheels of bicycles, cycles; saddle covers for bicycles or motorcycles; saddlebags adapted for bicycles; saddles for bicycles, cycles or motorcycles; safety seats for children, for vehicles; scooters; shopping trolleys; spare tire covers; spare tyre covers; spare wheel covers; spokes for bicycles, cycles; stands for bicycles, cycles; stroller covers; strollers; studs for tires; suspension shock absorbers for vehicles; tires for bicycles, cycles; tricycles; trolleys; tubeless tires for bicycles, cycles; two-wheeled trolleys; tyres for bicycles, cycles; vehicle covers; wheels for bicycles, cycles; rain covers adapted for bicycles; removable and foldable rain covers adapted for bicycle bags; rain covers adapted for bicycle luggage; handlebar stabilizers; trailers;

In International Class 012, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 09/10/1991, and first used in commerce at least as early as 09/10/1991, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Mark as applied to a bicycle pump.
Specimen File1

       International Class 018:  Attaché cases; Backpacks; bags; Bags for campers; Bags for sports; Briefcases; Card cases; Credit card cases; Garment bags for travel; Handbag frames; Handbags; Haversacks; Imitation leather; Key cases; Leather straps; Pocket wallets; Purses; Rucksacks; School bags; School satchels; Shopping bags; Shoulder belts of leather; Suitcase handles; Suitcases; Tool bags of leather, empty; Travelling bags; Travelling sets; Travelling trunks; Trunks; Valises; shoulder bags; fanny packs; handy phone pack; PDA phone packs; rain covers, removable and foldable rain covers adapted for tool bags sold empty, bags, traveling bags, satchels, unfitted satchels for carrying articles on bicycles, shoulder bags, fanny packs, handy phone packs and PAD phone packs;

In International Class 018, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 09/15/1997, and first used in commerce at least as early as 09/15/1997, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Mark as applied to a bag.
Specimen File1


The applicant's current Attorney Information:
      Alan Kamrath of Kamrath IP Lawfirm, P.A.
      4825 Olson Memorial Highway, Suite 245
      Golden Valley, Minnesota 55422
      United States
The attorney docket/reference number is CFT-1110.

The applicant hereby appoints Alan Kamrath of Kamrath IP Lawfirm, P.A.
      4825 Olson Memorial Highway, Suite 245
      Golden Valley Minnesota 55422
      United States
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Alan Kamrath

Kamrath IP Lawfirm, P.A.

4825 Olson Memorial Highway, Suite 245

Golden Valley, Minnesota 55422

(763)746-1599(phone)

(763)746-8125(fax)

Alan@thelawfirm.cc (authorized)

A fee payment in the amount of $1950 has been submitted with the application, representing payment for 6 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: /Alan Kamrath/   Date: 12/26/2014
Signatory's Name: Alan Kamrath
Signatory's Position: Attorny of Record, Minnesota bar member
RAM Sale Number: 86490840
RAM Accounting Date: 12/29/2014

Serial Number: 86490840
Internet Transmission Date: Fri Dec 26 20:03:51 EST 2014
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-201412262003510911
96-86490840-500e6df854bae324bfc5f307bd91
523dd60dce7d76434fe2481f66b75f25f63d84-C
C-13120-20141226194417014839