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: 88918664

Filing Date: 05/15/020

To the Commissioner for Trademarks:

MARK: NRS GALVANIZED BRAKE PADS (stylized and/or with design, see mark)
The literal element of the mark consists of NRS GALVANIZED BRAKE PADS. The applicant is not claiming color as a feature of the mark. The mark consists of a stylized rounded rectangular shape that is curved in a half circle. Centered within the rectangle are the stylized letters "NRS". In the background of the rectangle is textured pattern. Below the rectangle are the stylized words "GALVANIZED BRAKE PADS.
The applicant, Nucap Industries Inc., a corporation of Canada, having an address of
      3370 Pharmacy Ave.
      Scarborough, Ontario M1W3K4
      Canada
      XXXX

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 012:  Automotive parts, namely brakes for automotive vehicles and parts and fittings for vehicle brakes, disc brakes, drum brakes, disc brake backing plates, drum brake backing plates, and brake pads, brake shoes for automotive use
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1996618, filed 11/19/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 035:  Manufacture and distribution of disc brakes, drum brakes, disc brake backing plates, drum brake backing plates, and brake pads
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1996618, filed 11/19/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6010629 and 2533659.


The owner's/holder's proposed attorney information: Sean D. Flaherty. Sean D. Flaherty of Gordon Rees Scully Mansukhani LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      101 West Broadway, Suite 2000
      San Diego, California 92101
      United States
      619-696-6700(phone)
      619-696-7124(fax)
      ipdocket@grsm.com
The docket/reference number is NUCAP.
Sean D. Flaherty 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:

Sean D. Flaherty

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@grsm.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Kenneth R Clark/   Date: 05/15/2020
Signatory's Name: Kenneth Ronald Clark
Signatory's Position: Attorney of Record, Canada
Payment Sale Number: 88918664
Payment Accounting Date: 05/15/2020

Serial Number: 88918664
Internet Transmission Date: Fri May 15 17:33:24 ET 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020051517332480
2580-88918664-7102bbf16f3c63c1a41fc5e166
ead94fc3c831c60d9b29bb7aa767863f1d664e5f
-DA-33242881-20200515144654937405