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: 88852791

Filing Date: 03/30/020

To the Commissioner for Trademarks:

MARK: SEARS POINT RACEWAY (stylized and/or with design, see mark)
The literal element of the mark consists of SEARS POINT RACEWAY. The mark consists of a design comprised of stylizations of a winding raceway appearing over a straight raceway, both enclosed within a rectangular carrier, positioned above the terms SEARS POINT stacked over the term RACEWAY.
The applicant, Speedway Properties Company, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      5401 East Independence Blvd.
      Charlotte, North Carolina 28212
      United States
      IPLaw@mvalaw.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 021:  Drinking glasses; tumblers for use as drinking glasses; rubber, plastic or foam insulating beverage holders.

In International Class 021, 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 00/00/1997, and first used in commerce at least as early as 00/00/1997, 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/services, consisting of a(n) photographs of Applicants goods prominently bearing the Mark.
Specimen File1
Specimen File2

International Class 025:  Clothing, namely, T-shirts, sweatshirts, jackets, and caps.

In International Class 025, 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 00/00/1997, and first used in commerce at least as early as 00/00/1997, 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/services, consisting of a(n) photographs of Applicant's goods which prominently bear the Mark.
Specimen File1
Specimen File2



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2282495 and 2282494.


The owner's/holder's proposed attorney information: Arlene D. Hanks. Other appointed attorneys are Kathryn W. Bina, Kathryn G. Cole, Jeffrey R. Gray, Chris Knors, Dickson M. Lupo, W. Kevin Ransom, Ellen A. Rubel, Samantha N. Skains-Menchaca, John E. Slaughter, III, Peter B. Stewart, Henry B. Ward, III, F. Emmett Weindruch and J. Mark Wilson. Arlene D. Hanks of Moore & Van Allen PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      100 North Tryon Street, Suite 4700
      Charlotte, North Carolina 28202-4003
      United States
      704-331-1000(phone)
      704-331-1159(fax)
      ADH-PTOTMCorrespondence@mvalaw.com
The docket/reference number is 032883.148.
Arlene D. Hanks 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:

Arlene D. Hanks

PRIMARY EMAIL FOR CORRESPONDENCE: ADH-PTOTMCorrespondence@mvalaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): arlenehanks@mvalaw.com; iplaw@mvalaw.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /arlenedhanks/   Date: 03/30/2020
Signatory's Name: Arlene D. Hanks
Signatory's Position: Attorney of Record, North Carolina Bar Member
Payment Sale Number: 88852791
Payment Accounting Date: 03/30/2020

Serial Number: 88852791
Internet Transmission Date: Mon Mar 30 14:50:08 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202003301450084
27929-88852791-710f12ad346e1062f6222452e
949e79475a546b14048583244d0908131c870e71
2-ET-50071930-20200330144346511951