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: 88951957

Filing Date: 06/07/020

To the Commissioner for Trademarks:

MARK: KIMPEX (stylized and/or with design, see mark)
The literal element of the mark consists of KIMPEX. The mark consists of the stylized wording KIMPEX consisting of partially-shaded slanted capital letters and a horizontal line through the lower portions of the letters.
The applicant, KIMPEX INC., a corporation of Canada, having an address of
      5355 St-Roch
      Drummondville, QC J2E0B4
      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 004:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, lubricants, oils

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 2031299, filed 05/29/2020.
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 006:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, gas canisters, bolts, nuts, chains, fittings and plugs, license plate supports, drain plugs

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 2031299, filed 05/29/2020.
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 007:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, ignition coils, spark plugs, flanges for silencers, starters and replacement parts for starters, air filters, filters for petrol, oil filters, oil filters for injection systems, camshaft seals and plugs, muffler, valves for petrol lines, bilge pumps, carburetors, petrol pumps, parts and accessories for trailers, namely, electric winches, jacks; pistons, electronic ignition boxes, igniter kit, piston rings; rapel starters, snow blower

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 2031299, filed 05/29/2020.
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 008:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, spark plug wrenches, spoke keys, chain cutters, parts and accessories for trailers, namely, manual winches, jacks; snow shovels

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 2031299, filed 05/29/2020.
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 009:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, batteries, ignition cables, cables, switches, battery switches, fuses, speed indicators, emergency switches, lenses, replacement lenses, signal lights, wire clamps, connectors for tanks, cables for remote control, calibration guides, clothing and accessories, namely helmets, glasses, masks, visors; life jackets

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 2031299, filed 05/29/2020.
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 011:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, bulbs, rear lights, rear lights for brakes, decorative lights, overhead lights, parts and accessories for trailers, namely lights

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 2031299, filed 05/29/2020.
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 012:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, fenders, chain adjusters, shock absorbers, footrests, self-locking fasteners, battery fasteners, nylon fasteners, forks, trailer hitches, handlebar attachments, sleigh attachments, side stands, plugs, fuel plugs, coupling balls, tire chains, spark plug caps throttle controls, throttle controls and grips, fuel lines, cushions, chrome covers, footrest covers, seat covers, tire spikes, driver backrests, end caps, clutch parts, wheel spacers, shifter extensions, luggage rack extensions, brakes, brake application tables, mudguards, chain guards, scrapers, handlebars, vehicle covers, rims, trailer rims, horns, gear shift levers, brake and clutch levers, chrome levers, gear levers, fuel lines and fittings, mirrors, chrome mirrors, wheel hubs, windshields, windshields for mopeds, bumpers, bear paws, sprockets, skid plates, starter handles, luggage racks, canoe holders, motor holders, heated thumbs, wing protectors, spark plug protectors, cardan protectors, chain protectors, front fork protectors, radiator protectors, muffler protectors, hand protectors, foot protectors, fuel tanks, trailers, footpegs, starter springs, taps, handlebar lifts, sealants for tires, tire sealers, traction skis, inking supports, cable supports, stirrup stabilizers, supports belts, light supports, headlight supports, spare tire supports, fuel tank supports, electric winch supports, chain tensioners, mowers for all-terrain vehicles, folding sleds, chrome light visors, bi heads, cleats, hooks, shackles, hinges, seats, oars, oars, thimbles, ski bars, clutch springs, trailer parts and accessories, namely, trailer sidewalks, switchboards protectors, rollers, tires, rims, protectors pads; snowmobile and atv tracks, slides, suspension wheels, ski soles, runners, plastic skis, back rests, axles, suspension axles, suspension springs, accelerator cables, brake cables, cable throttles, return springs, communicators, brake plates, ventilation belts, drive belts, breakdown straps, luggage rack, rear atv boot, deflectors, canoe holder

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 2031299, filed 05/29/2020.
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 013:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, gun supports

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 2031299, filed 05/29/2020.
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 017:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, seals

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 2031299, filed 05/29/2020.
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 018:  Clothing and accessories, namely, backpacks

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 2031299, filed 05/29/2020.
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 020:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, fastening nets

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 2031299, filed 05/29/2020.
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 021:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, gas canisters

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 2031299, filed 05/29/2020.
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 022:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, nylon canvas cabins, elastic fastening straps, parts and accessories for trailers, namely, straps

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 2031299, filed 05/29/2020.
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 024:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, pennants

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 2031299, filed 05/29/2020.
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 025:  Clothing and accessories, namely, boots, gloves, mittens, pants, tracksuits, off-road gloves, sleeves, masks, balaclavas, visors, navigation vests

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 2031299, filed 05/29/2020.
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 028:  Parts and accessories for snowmobiles, motorcycles, outboard motors and all-terrain vehicles (atv), namely, parts and accessories for trailers, namely, straps, windsurfers supports

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 2031299, filed 05/29/2020.
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:  Online sale of parts and accessories for snowmobiles, motorcycles, outboard motors, all-terrain vehicles (atvs), trailers, marine vehicles and recreational boating vehicles; online sale of clothing, footwear, headgear, bags and life jackets; catalog sales of parts and accessories for snowmobiles, motorcycles, outboard motors, all-terrain vehicles (atvs), trailers, marine vehicles and recreational boating vehicles; catalog sale of clothing, footwear, headgear, bags and life jackets

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 2031299, filed 05/29/2020.
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) 2133615, 5668107, and 5981136.


The owner's/holder's proposed attorney information: James R Menker. Other appointed attorneys are Gabrielle A. Holley; Ryan S. Hilbert; and Amy C. Menker. James R Menker of Holley & Menker, PA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
      904-247-2620(phone)
      2022801177(fax)
      eastdocket@holleymenker.com
The docket/reference number is 3032.0012.
James R Menker 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:

James R Menker

PRIMARY EMAIL FOR CORRESPONDENCE: eastdocket@holleymenker.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 $4675 has been submitted with the application, representing payment for 17 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: /jmenker/   Date: 06/07/2020
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member
Payment Sale Number: 88951957
Payment Accounting Date: 06/08/2020

Serial Number: 88951957
Internet Transmission Date: Sun Jun 07 15:29:12 ET 2020
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20200607152912086869-88951957-7
10a3a9f4ce7f3f81e9ad06594abcc8f35281adc2
1c197be1e1197bca67cd3daa3-CC-29100072-20
200607151418609878