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)

---

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: 90076145

Filing Date: 07/27/2020

To the Commissioner for Trademarks:

MARK: TORQATA PROFIT EXPERT (Standard Characters, see mark)
The literal element of the mark consists of TORQATA PROFIT EXPERT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, American Tire Distributors, Inc., a corporation of Delaware, having an address of
      12200 Herbert Wayne Court, Suite 150
      Huntersville, North Carolina 28078
      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 042:  Software as a service (SAAS) services featuring software for consumer strategy in the fields of marketing, sales and operation, particularly specializing in the use of analytic models for the understanding and predicting of consumer, business, and retail market trends and actions

In International Class 042, 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 02/17/2020, and first used in commerce at least as early as 02/17/2020, 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) Screenshots from Applicant's website..

Original PDF file:
SPE0-209125229-2020071323 0056706845_._Torqata_Spec imen.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-209125229-2020071323 0056706845_._Torqata_Spec imen_v2.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3



The owner's/holder's proposed attorney information: Courtney Adams Thornton. Other appointed attorneys are Ben Wagner, Esq., Christopher Franich, Esq., and Susan Stabe, Esq., members of the bar of the State of California; Michael D. Hobbs, Jr., Esq., Ryan A. Schneider, Esq., James E. Schutz, Esq., Courtney Adams Thornton, Esq., and Jóna Mays, Esq., members of the bar of the State of Georgia; Austin Padgett, Esq., member of the bar of the State of Ohio; Karl M. Zielaznicki, Esq., member of the bar of the States of New York and New Jersey. Courtney Adams Thornton of Troutman Pepper Hamilton Sanders 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
      600 Peachtree St. NE, Ste. 3000
      Atlanta, Georgia 30308
      United States
      404-885-2733(phone)
      404-885-3900(fax)
      trademarks@troutman.com
The docket/reference number is 247305.476.
Courtney Adams Thornton 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:

Courtney Adams Thornton

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@troutman.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): michael.hobbs@troutman.com; courtney.thornton@troutman.com; kristina.woodruff@troutman.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 $275 has been submitted with the application, representing payment for 1 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: /Keith Calcagno/   Date: 07/27/2020
Signatory's Name: Keith Calgagno
Signatory's Position: Chief Merchant and Strategy Officer
Payment Sale Number: 90076145
Payment Accounting Date: 07/27/2020

Serial Number: 90076145
Internet Transmission Date: Mon Jul 27 17:14:20 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20200727171420461
577-90076145-740a36827e9a81932abb332d1b5
8f40729d857bac3788bafe82ce50ceef696e-DA-
14208553-20200724175508359256