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: 90307412

Filing Date: 11/09/2020

To the Commissioner for Trademarks:

MARK: BAJA 500 (Standard Characters, see mark)
The literal element of the mark consists of BAJA 500. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Baja Trademarks, LLC, a limited liability company legally organized under the laws of Nevada, having an address of
      465 South Meadows Parkway, Unit 6
      Reno, Nevada 89521
      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:  Sunglasses and protective eyewear; goggles for motorsports; protective gear for motorsports, namely, protective helmets and protective gloves; articles of protective clothing with built in armor for protection against accident or injury for use in motorsports and off-road racing; computer application software for electronic, mobile and wireless devices for providing information on motorsports; digital media, namely, downloadable mobile software applications for use on mobile and wireless devices and portable multimedia viewing devices and terminals featuring information on motorsports; downloadable electronic publications in the nature of newspaper, magazine, newsletters, journals, articles, booklets, brochures, pamphlets, reference guides, circulars, bulletins in the field of motorsports; audio and video recordings in the field of motorsports; computer game software and programs, cartridges, discs, video game cartridges in the field of motorsports; computer software for playing video games and computer games with others via a global computer or communication network and for accessing and browsing global computer and communication networks; computer programs, namely, game software for use on computers and video game devices; graduated plastic rulers

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 10/31/2015, and first used in commerce at least as early as 10/31/2015, 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) The specimens consist of the subject trademark on the goods..

Original PDF file:
SPE0-209242145130-2020110 9115431442466_._Specimen.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2


SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 1758808 4973325 5224382 6039767.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Lisel M. Ferguson. Other appointed attorneys are Kathleen A. Brown, Barry F. Soalt, Neil A. Salyards, Stephen C. Beuerle. Lisel M. Ferguson of Procopio, Cory, Hargreaves & Savitch 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
      525 B Street, Suite 2200
      San Diego, California 92101
      United States
      619-515-3207(phone)
      619-235-0398(fax)
      docketing@procopio.com
The docket/reference number is 12201904US11.
Lisel M. Ferguson 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:

Lisel M. Ferguson

PRIMARY EMAIL FOR CORRESPONDENCE: docketing@procopio.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lisel.ferguson@procopio.com; emily.andelson@procopio.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: /Lisel M. Ferguson/   Date: 11/09/2020
Signatory's Name: Lisel M. Ferguson
Signatory's Position: Attorney of Record, USPTO Reg. No. 48139, State of California Bar Member
Payment Sale Number: 90307412
Payment Accounting Date: 11/09/2020

Serial Number: 90307412
Internet Transmission Date: Mon Nov 09 16:33:47 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20201109163347
890898-90307412-75040769a1c447231d1326cc
4a59a8fa46c5c7ad54b6634df7ba6ff0e9ca5ca5
44-CC-33462401-20201109115431442466