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: 88303327

Filing Date: 02/15/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The applicant is not claiming color as a feature of the mark. The mark consists of the shaded term "SUPER" above the unshaded, outlined term "START," both of which terms are immediately above a shaded line that is intersected by a much shorter line near the right bottom portion of the term "START," both of which lines decrease in thickness as their distance from that intersection increases.
The applicant, O'Reilly Automotive Stores, Inc., a corporation of Missouri, having an address of
      233 South Patterson Ave.
      Springfield, Missouri 65802
      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 001:  battery acid

In International Class 001, 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 12/31/2001, and first used in commerce at least as early as 12/31/2001, 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/services, consisting of a(n) digital image of a webpage that constitutes a display associated with the goods in that it contains a picture of the goods and textual description of the goods, shows the mark in association with the goods, and provides a means for ordering the goods via a phone number immediately below the words "Call Store to Order," which words and phone number are in close proximity to the product information..
Specimen File1

       International Class 003:  battery terminal cleaners and protectants

In International Class 003, 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 12/31/2001, and first used in commerce at least as early as 12/31/2001, 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/services, consisting of a(n) digital image of a webpage that constitutes a display associated with the goods in that it contains a picture and textual description of the identified goods, shows the mark in association with the goods, and provides a means for ordering the goods via an "Add to Cart" link.
Specimen File1

       International Class 008:  hand-operated automotive repair battery tools, namely, battery carriers, terminal post cleaning tools, and battery brushes

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 12/31/2001, and first used in commerce at least as early as 12/31/2001, 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/services, consisting of a(n) digital image of a webpage that constitutes a display associated with the goods in that it contains a picture and textual description of the identified goods, shows the mark in association with the goods, and provides a means for ordering the goods via an "Add to Cart" link.
Specimen File1

       International Class 009:  batteries for land vehicles and batteries for marine use; batteries for household use, namely alkaline dry batteries; lugs, posts, bolts, clamps, terminals, and cables, all for batteries; battery starter cables; battery chargers for use with automotive batteries; automotive battery terminal service kits, consisting of a battery cleaner spray, battery terminal protection spray, battery terminal protector pads, and a battery terminal brush

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 12/31/2001, and first used in commerce at least as early as 12/31/2001, 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/services, consisting of a(n) digital image of a webpage that constitutes a display associated with the goods in that it contains a picture and textual description of the identified goods, shows the mark in association with the goods, and provides a means for ordering the goods via an "Add to Cart" link.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2263100 and 3556281.

The applicant's current Attorney Information:
      Harry B. Ray and W. Scott Ray of Ray Law Firm, PLLC      6150 Shallowford Road, Suite 105
      Chattanooga, Tennessee 37421
      United States
      423-693-0160(phone)
      423-693-0155(fax)
      hbr@hbrlaw.com (authorized)

The applicant's current Correspondence Information:

Harry B. Ray

Ray Law Firm, PLLC

6150 Shallowford Road, Suite 105

Chattanooga, Tennessee 37421

423-693-0160(phone)

423-693-0155(fax)

hbr@hbrlaw.com;wsr@hbrlaw.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 $1100 has been submitted with the application, representing payment for 4 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: /Jeffrey L. Groves/   Date: 02/15/2019
Signatory's Name: Jeffrey L. Groves
Signatory's Position: Senior Vice President and General Counsel
Payment Sale Number: 88303327
Payment Accounting Date: 02/19/2019

Serial Number: 88303327
Internet Transmission Date: Fri Feb 15 13:56:31 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20190215135631621
303-88303327-620bb7daaaf466825eaa7ec342e
4ee38b65782c653be0e3be1947867ea4359a3671
-CC-173-20190204175105167142