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: 88577520

Filing Date: 08/13/2019

To the Commissioner for Trademarks:

MARK: FlyOver LAS VEGAS (stylized and/or with design, see mark)
The literal element of the mark consists of FlyOver LAS VEGAS. The color(s) red and blue is/are claimed as a feature of the mark. The mark consists of a first line of text comprised of the single term FlyOver in the color red in stylized cursive letters with the first and fourth letters capitalized and the baseline of the letters appearing at an upward angle of approximately 40 degrees, and the letters from the first to the last decreasing in size. Below the letter "v" in a size smaller than that letter is a stylized illustration of a pair of aircraft wings in the color red pointing in the direction that the text is read. Below the first line of text and illustration is the second line of text comprised of the name LAS VEGAS in the color blue, all in capital letters substantially smaller than the text FlyOver and positioned to span below the letters "Over" from the first line of text, on a baseline of zero degrees even with the bottom of the letter "y" from the text FlyOver; and a starburst in the color red placed to the right and above the letter "s" that is slightly smaller in size than that letter. The color white is not part of the mark but appears as background.
The applicant, BREWSTER, INC., a corporation of Canada, having an address of
      101 E. GOPHER STREET
      BANFF T1L1J3
      Canada
      623-537-7771(phone)
      SAINTLAW@AOL.COM

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 028:  Flight simulator rides for entertainment purposes; Amusement park rides in the nature of flight simulator rides for entertainment purposes; Amusement park rides
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.

International Class 041:  Entertainment services; Entertainment in the nature of an amusement park attraction; Entertainment in the nature of flight simulator rides; Entertainment in the form of displaying multi-sensory motion picture films; Amusement park and theme park services; Entertainment in the nature of an amusement park ride; Entertainment, namely, cultural and tourist activities in the nature of flight simulator rides overlooking scenic sites
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.



Disclaimer
No claim is made to the exclusive right to use LAS VEGAS apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5114733 and 5129859.


The applicant hereby appoints REBECCA NITTLE. REBECCA NITTLE of Law Office of Rebecca Nittle, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      9409 W. ELM STREET
      PHOENIX, Arizona 85037-1007
      United States
      623-537-7771(phone)
      SAINTLAW@AOL.COM (authorized).
The attorney docket/reference number is FOLV color.
REBECCA NITTLE submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).

The applicant's current Correspondence Information:

REBECCA NITTLE

Law Office of Rebecca Nittle

9409 W. ELM STREET

PHOENIX, Arizona 85037-1007

623-537-7771(phone)

SAINTLAW@AOL.COM (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $550 has been submitted with the application, representing payment for 2 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: /REBECCA NITTLE/   Date: 08/13/2019
Signatory's Name: REBECCA NITTLE
Signatory's Position: ATTORNEY OF RECORD, ARIZONA BAR MEMBER
Payment Sale Number: 88577520
Payment Accounting Date: 08/13/2019

Serial Number: 88577520
Internet Transmission Date: Tue Aug 13 19:38:26 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019081319382637
0079-88577520-610ff11eea1e1b436af635d77f
39264eb4c1a77f3c5684a960e285fa9625ad8f-C
C-38254859-20190813185028205371