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: 90288029

Filing Date: 10/29/2020

To the Commissioner for Trademarks:

MARK: ONTRAC ON-TIME DELIVERY FOR LESS (stylized and/or with design, see mark)
The literal element of the mark consists of ONTRAC ON-TIME DELIVERY FOR LESS. The applicant is not claiming color as a feature of the mark. The mark consists of a flying package with the words "ONTRAC" and "ON-TIME DELIVERY FOR LESS" below.
The applicant, Express Messenger Systems, Inc., DBA OnTrac, a corporation of Delaware, having an address of
      2501 S. Price Road, Suite 201
      Chandler, Arizona 85286
      United States
      415-956-2600(phone)
      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 035:  Supply chain logistics and reverse logistics services, namely, arranging and managing pickup, delivery, storage and transportation by others of documents, packages, freight and parcels by air and truck for others; arranging delivery and transportation of documents, packages, freight and parcels by air and truck; arranging for pickup, shipping, and delivery of packages and letters by others via various modes of transportation; mail services consisting of receiving, sorting and handling of packages and letters; mail services consisting of arranging for pickup and delivery of packages and letters via ground motor carrier.

In International Class 035, 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 02/01/2008, and first used in commerce at least as early as 02/01/2008, 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) waybill.

Original PDF file:
SPE0-241301901-2020102918 1925507286_._Specimen_-_O n-Time_Delivery_for_Less_ 2020.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 039:  Transportation brokerage services; warehousing services, namely, storage, distribution and packing for shipment of goods, packages, documents and freight for others.

In International Class 039, 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 02/01/2008, and first used in commerce at least as early as 02/01/2008, 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) waybill.

Original PDF file:
SPE0-1-241301901-20201029 181925507286_._Specimen_- _On-Time_Delivery_for_Les s_2020.pdf
Converted PDF file(s) (1 page)
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4025547, 2878555, 4099000, and others.


For informational purposes only, applicant's website address is: www.ontrac.com

The owner's/holder's proposed attorney information: Frank J. Gilbert. Frank J. Gilbert of Schwartz & Cera, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      88 Kearny Street, Suite 1850
      San Francisco, California 94108
      United States
      415-956-2600(phone)
      frank@schwartz-cera.com

Frank J. Gilbert 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:

Frank J. Gilbert

PRIMARY EMAIL FOR CORRESPONDENCE: frank@schwartz-cera.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: /frank j. gilbert/   Date: 10/29/2020
Signatory's Name: Frank J. Gilbert
Signatory's Position: Attorney of Record, California bar member
Payment Sale Number: 90288029
Payment Accounting Date: 10/29/2020

Serial Number: 90288029
Internet Transmission Date: Thu Oct 29 19:06:30 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.X-20201029190630942
147-90288029-750b4ba369a3ec726ee9b8c4831
3967b66fe9508e19cf73f2ae4e76b371a238cf-C
C-06299374-20201029181925507286