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: 90066549

Filing Date: 07/22/2020

To the Commissioner for Trademarks:

MARK: POWER TORQUE (Standard Characters, see mark)
The literal element of the mark consists of POWER TORQUE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, O'Reilly Automotive Stores, Inc., a corporation of Missouri, having an address of
      233 S Patterson Ave
      Springfield, Missouri 65802
      United States
      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 009:  Protective work gloves in the nature of mechanics' gloves; transmission solenoids for land vehicles; electric wire repair harnesses for automobiles

In International Class 009, 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 06/30/2012, and first used in commerce at least as early as 06/30/2012, 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) digital image of a webpage that constitutes a display associated with the goods in that it contains a picture or textual description of the identified goods, shows the mark in association with the goods, and provides a means for ordering the goods via an "Add to Cart" link, which digital image includes the URL of the webpage and the date the webpage was accessed.
Specimen File1

International Class 012:  Towing apparatus, hardware and accessories made of metal used in towing a trailer behind an automotive vehicle, namely, ball mounts, trailer couplers, trailer hitch balls, locking hitch pins, hitch pins, and clips for trailer hitches; receiver locks, hitch locks, metal locking device for trailer hitch coupler; manual transmissions for vehicles; automatic transmissions for vehicles; transfer case assemblies for land vehicles; engines for land vehicles; automotive parts, namely, multi-plate clutch assemblies and automotive clutch assemblies comprised of clutch discs, clutch plates, pressure plates, bearings, bushings, springs, and housing covers; clutch flywheels, light-weight clutch flywheels and flexplates; clutch components, namely, rods, pedals, master cylinders, slave cylinders, forks, hydraulic hoses, and cables; clutch conversion kits comprised of clutch pressure plates, clutch discs, bearings, bushings, master cylinders, slave cylinders, springs, housing covers, and cables; transmission mounts, motor mounts, torque struts, and engine mounts

In International Class 012, 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 12/03/2001, and first used in commerce at least as early as 12/03/2001, 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) digital image of a webpage that constitutes a display associated with the goods in that it contains a picture or textual description of the identified goods, shows the mark in association with the goods, and provides a means for ordering the goods via an "Add to Cart" link, which digital image includes the URL of the webpage and the date the webpage was accessed.
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4762855, 4511460, and 4512730.


The owner's/holder's proposed attorney information: Harry B. Ray. Other appointed attorneys are W. Scott Ray. Recognized Canadian attorney(s)/agent(s) is/are Harry Ray. Harry B. Ray of Ray Law Firm, 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
      6150 Shallowford Road, Suite 105
      Chattanooga, Tennessee 37421
      United States
      423-693-0160(phone)
      423/693-0155(fax)
      hbr@hbrlaw.com
The docket/reference number is 469171.
Harry B. Ray 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:

Harry B. Ray

PRIMARY EMAIL FOR CORRESPONDENCE: hbr@hbrlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wsr@hbrlaw.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: /Jeffrey L. Groves/   Date: 07/21/2020
Signatory's Name: Jeffrey L. Groves
Signatory's Position: Senior Vice President Legal & General Counsel
Payment Sale Number: 90066549
Payment Accounting Date: 07/22/2020

Serial Number: 90066549
Internet Transmission Date: Wed Jul 22 10:26:45 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2020072210264513
5133-90066549-740435029aca99179d7e9a68ec
4d5759d2ebacadce2bcc5437364f5f09e421ba6-
CC-26435738-20200721174037126645