Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90542320

Filing Date: 02/23/2021

To the Commissioner for Trademarks:

MARK: TIREBUYER (Standard Characters, see mark)
The literal element of the mark consists of TIREBUYER. 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 039:  Providing delivery of automotive and vehicle tires, suspension systems, wheels, automotive equipment, after-market accessories and replacement parts

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 11/19/2008, and first used in commerce at least as early as 11/19/2008, 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) Specimen shows the mark as it appears in commerce on Applicant's webpage..

Original PDF file:
SPE0-20912526-20210216154 408004283_._Shop_Tire_Bra nds_Online___Free_Shippin g___TireBuyer.com.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-20912526-20210216154 408004283_._Buy_Tires_and _Wheels_Online___TireBuye r.com.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-20912526-20210216161 828838530_._Michelin_Tire s___TireBuyer.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Webpage URL: http://www.tirebuyer.com/tires
Webpage Date of Access: 02/16/2021



The owner's/holder's proposed attorney information: Jona Mays, Esq.. Other appointed attorneys are Michael D. Hobbs, Jr., Esq., Ryan A. Schneider, Esq., James E. Schutz, Esq., Courtney Adams Thornton, Esq., and Jona N. Mays, Esq. members of the bar of the State of Georgia; Austin Padgett, Esq., member of the bar of the State of Ohio; Christopher Franich, Esq. and Susan Stabe, Esq., members of the bar of the State of California; and Karl M. Zielaznicki, Esq., member of the bar of the States of New York and New Jersey, all of Troutman Pepper Hamilton Sanders LLP. Jona Mays, Esq. 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 Street NE, Suite 3000
      Atlanta, Georgia 30308
      United States
      404-885-2545(phone)
      trademarks@troutman.com

Jona Mays, Esq. 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:

Jona Mays, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@troutman.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jona.mays@troutman.com; michael.hobbs@troutman.com; kristina.woodruff@troutman.com; courtney.thornton@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 $350 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: /carol genis/   Date: 02/23/2021
Signatory's Name: Carol Genis
Signatory's Position: Chief Legal Officer and General Counsel
Signatory's Phone Number: 000-000-0000
Signature method: Sent to third party for signature
Payment Sale Number: 90542320
Payment Accounting Date: 02/23/2021

Serial Number: 90542320
Internet Transmission Date: Tue Feb 23 17:26:18 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.X-202102231726185964
46-90542320-770402d71807ee115ba27c0a7435
a78c54b2bb4b089536b83350f56d7cb07c44-DA-
26182241-20210216161828838530