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: 88676632

Filing Date: 11/01/2019

To the Commissioner for Trademarks:

MARK: FIXEDOPTICS (stylized and/or with design, see mark)
The literal element of the mark consists of FIXEDOPTICS. The applicant is not claiming color as a feature of the mark. The mark consists of the word FIXEDOPTICS with curved lines appearing above and beneath the O in OPTICS.
The applicant, Dealer Tire, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      7012 Euclid Avenue
      Cleveland, Ohio 44103
      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:  Downloadable mobile application software for monitoring and analyzing employee performance goals
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:  Business training consultancy services, namely, providing strategies for optimization of employee sales performance
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 042:  Providing temporary use of non-downloadable computer software for monitoring and analyzing employee performance goals
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.




The applicant hereby appoints Julie R. Fenstermaker. Other appointed attorneys are Mark Avsec, Kristopher Chandler, Susan Clady, Alison Evans, Thomas Kendrick, Benjamen Kern, Thomas Kern, Amanda Miller, Risto Pribisich, Raymond Russell, Stephen Scanlon, Helen Schweitz, Katherine Smith, and Michael Stovsky. Julie R. Fenstermaker of Benesch Friedlander Coplan & Aronoff LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 2300
      200 Public Square
      Cleveland, Ohio 44114
      United States
      216-363-4466(phone)
      216-363-4588(fax)
      trademark@beneschlaw.com (authorized).
The attorney docket/reference number is 26213-00243.
Julie R. Fenstermaker submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Julie R. Fenstermaker

Benesch Friedlander Coplan & Aronoff LLP

Suite 2300       200 Public Square

Cleveland, Ohio 44114

216-363-4466(phone)

216-363-4588(fax)

trademark@beneschlaw.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 $825 has been submitted with the application, representing payment for 3 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: /Debra A. Sibila/   Date: 10/31/2019
Signatory's Name: Debra A. Sibila
Signatory's Position: Vice President, Controller
Payment Sale Number: 88676632
Payment Accounting Date: 11/01/2019

Serial Number: 88676632
Internet Transmission Date: Fri Nov 01 09:02:32 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201911010902326
58239-88676632-7008a273f18de89c8cdb6a2f7
4d10673ed028660a8a44418dbdd1b18299aba8d3
-CC-02302978-20191030150740654163