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: 90121088

Filing Date: 08/18/2020

To the Commissioner for Trademarks:

MARK: Midnight Express (Standard Characters, see mark)
The literal element of the mark consists of Midnight Express. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicants, Dennis Condrey, AKA "Loverboy" Dennis Condrey, a citizen of United States, having an address of
      9 Autumn Oaks Circle
      Beckley, West Virginia 25801
      United States
      304-685-4507(phone)
      XXXX
Domiciled at: XXXX
James Cornette, AKA Jim Cornette, a citizen of United States, having an address of
      9 Autumn Oaks Circle
      Beckley, West Virginia 25801
      United States
      304-685-4507(phone)
      XXXX
Domiciled at: XXXX
Robert Lee Eaton, AKA "Beautiful" Bobby Eaton, a citizen of United States, having an address of
      9 Autumn Oaks Circle
      Beckley, West Virginia 25801
      United States
      304-685-4507(phone)
      XXXX
Domiciled at: XXXX
Wallace Stanfield Lane, AKA "Sweet" Stan Lane, a citizen of United States, having an address of
      9 Autumn Oaks Circle
      Beckley, West Virginia 25801
      United States
      304-685-4507(phone)
      XXXX
Domiciled at: XXXX
request 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 041:  Entertainment services, namely, providing professional wrestling and sports exhibitions, shows, and performances by professional manager, wrestlers, promoter, and entertainers rendered live and through live and recorded broadcast media, namely television, radio, via the internet, and commercial online services; Providing wrestling and sports interviews, news, entertainment, and information in the fields of wrestling and sports rendered live and through live and recorded broadcast media, namely television, radio, via the internet, and commercial online services

In International Class 041, 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 01/01/1984, and first used in commerce at least as early as 01/01/1984, and is now in use in such commerce. The applicants are 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) Screen shot accessed and taken on 05-21-2020 of online magazine. http://www.pwinsider.com/article/122323/the-midnight-express-kick-off-35th-anniversary-tour-this-weekend-lots-of-new-exclusive-cornette-collectibles-merchandise-released-for-the-holidays.html?p=1 Screen shot accessed and taken on 05-21-2020 of Facebook page http://www.facebook.com/Tmptofwrestling/posts/midnight-express-35th-anniversary-is-coming-to-richmond-on-51819we-are-so-happy-/2483034638393394/ Screen shot accessed and taken on 05-21-2020 of Facebook page in Madison WV http://www.facebook.com/allstarwrestlingwv/photos/the-first-inductees-into-asws-hall-of-fame-class-of-2019-the-midnight-express-ji/2095142230518863/.
Specimen File1
Specimen File2
Specimen File3



The owner's/holder's proposed attorney information: Dusty Gwinn. Other appointed attorneys are Robert Akers. Dusty Gwinn of Akers Gwinn, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      9 Autumn Oaks Circle
      Beckley, West Virginia 25801
      United States
      304-685-4507(phone)
      DustyGwinn@gmail.com
The docket/reference number is MExp1.
Dusty Gwinn 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:

Dusty Gwinn

PRIMARY EMAIL FOR CORRESPONDENCE: DustyGwinn@gmail.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): AkersGwinn@gmail.com; robertakerslaw@gmail.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: /Dusty Gwinn/   Date: 08/18/2020
Signatory's Name: Dusty Gwinn
Signatory's Position: Attorney of record, West Virginia State Bar Member
Signature: /Dusty Gwinn/   Date: 08/18/2020
Signatory's Name: Dusty Gwinn
Signatory's Position: Attorney of Record, West Virginia State Bar Member
Signature: /Dusty Gwinn/   Date: 08/18/2020
Signatory's Name: Dusty Gwinn
Signatory's Position: Attorney of Record, West Virginia State Bar Member
Signature: /Dusty Gwinn/   Date: 08/18/2020
Signatory's Name: Dusty Gwinn
Signatory's Position: Attorney of Record, West Virginia Bar Member
Payment Sale Number: 90121088
Payment Accounting Date: 08/18/2020

Serial Number: 90121088
Internet Transmission Date: Tue Aug 18 12:25:02 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20200818122502453
856-90121088-740c4f3bda6df3dd4879ee5be15
fd713dbe88e5b326de54ad20abe385ce467d25-C
C-25013287-20200818114106421489