TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88132703

Filing Date: 09/26/2018

To the Commissioner for Trademarks:

MARK: SPEEDWAY MOTORS (stylized and/or with design, see mark)

The literal element of the mark consists of SPEEDWAY MOTORS.
The mark consists of a solid circle in a first color. Extending over the circle in a contrasting color is a stylized version of the word "SPEEDWAY" and the outline of a circular wheel shape. The end of the letter "Y" extends to partially underline the word "SPEEDWAY" and connects to the outline of the wheel shape. The word "motors" is within the outline of the wheel shape and below the word "SPEEDWAY".
The applicant, Speedway Motors, Inc., a corporation of Nebraska, having an address of
      P.O. Box 81906
      Lincoln, Nebraska 68501
      United States
      XXXX (not authorized)

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 035:  Catalog ordering services featuring automobile supplies and equipment, namely, race, performance and hot rod parts and accessories
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5517532 and 2469462.

The applicant's current Attorney Information:
      Charles J. Meyer and John C. McNett; Thomas Q. Henry; Charles R. Reeves; Vincent O. Wagner; Steve Zlatos; Spiro Bereveskos; Daniel J. Lueders; Kenneth A. Gandy; Timothy N. Thomas; Charles J. Meyer; Lisa A. Hiday; Christopher A. Brown; Charles P. Schmal; Quentin G. Cantrell; Marta L. Paul; William A. McKenna; James R. Blaufuss; Michael M. Morris; Jeremy J. Gustrowsky; Matthew M. Gardlik; Joshua P. Astin; Blake R. Hartz; Andrew M. Nevill of Woodard, Emhardt, Moriarty, McNett & Henry LLP      111 Monument Circle, Suite 3700
      Indianapolis, Indiana 46204
      United States
      317-634-3456(phone)
      (317) 637-7561(fax)
      cjmeyer@uspatent.com (authorized)
The attorney docket/reference number is 7440-168.

The applicant's current Correspondence Information:

Charles J. Meyer

Woodard, Emhardt, Moriarty, McNett & Henry LLP

111 Monument Circle, Suite 3700

Indianapolis, Indiana 46204

317-634-3456(phone)

(317) 637-7561(fax)

cjmeyer@uspatent.com;docketdept@uspatent.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have 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 persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission 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: /Michael J. Tavlin/   Date: 09/26/2018
Signatory's Name: Michael J. Tavlin
Signatory's Position: CFO
Payment Sale Number: 88132703
Payment Accounting Date: 09/27/2018

Serial Number: 88132703
Internet Transmission Date: Wed Sep 26 15:01:25 EDT 2018
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.X-20180926150125559
311-88132703-6103debf71432e322cf86f77fe9
e2656fd0cf135eec6e23dc295921736da88dd67-
CC-1463-20180926141629496047