Application

PTO- 1478

Approved for use through 08/31/2021. 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 08/31/2021. 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: 90893333

Filing Date: 08/20/2021

To the Commissioner for Trademarks:

MARK: ASPHALT PAVEMENT (Standard Characters, see mark)
The literal element of the mark consists of ASPHALT PAVEMENT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, National Asphalt Pavement Association, a corporation of Maryland, having an address of
      Suite 350
      6406 Ivy Lane
      Greenbelt, Maryland 20770-1441
      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:  Downloadable electronic publications in the nature of magazines in the field of asphalt pavement technology and innovations and the asphalt pavement industry in general

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 10/00/2011, and first used in commerce at least as early as 10/00/2011, 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) screen capture of magazine download page.
Specimen File1
Webpage URL: http://www.asphaltpavement-digital.com/naps/0421_july_august_2021/MobilePagedArticle.action?articleId=1706030#articleId1706030
Webpage Date of Access: 08/20/2021

International Class 016:  Printed publications, namely, magazines in the field of asphalt pavement technology and innovations and the asphalt pavement industry in general

In International Class 016, 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 10/00/2011, and first used in commerce at least as early as 10/00/2011, 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) photographs of print magazine cover and representative pages.
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 041:  Providing online non-downloadable publications in the nature of magazines in the field of asphalt pavement technology and innovations and the asphalt pavement industry in general

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 10/00/2011, and first used in commerce at least as early as 10/00/2011, 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) cover and representative page of online magazine.
Specimen File1
Specimen File2
Webpage URL: http://www.asphaltpavement-digital.com/naps/0421_july_august_2021/MobilePagedArticle.action?articleId=1706030#articleId1706030
Webpage Date of Access: 08/20/2021
Webpage URL: http://www.asphaltpavement-digital.com/naps/0321_may_june_2021/MobilePagedArticle.action?articleId=1681743#articleId1681743
Webpage Date of Access: 08/20/2021


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4133429.

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: David M. Abrahams. Other appointed attorneys are Hugh K. Webster; John W. Hazard; John R. Strout. David M. Abrahams of Webster, Chamberlain & Bean, 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
      Suite 1000
      1747 Pennsylvania Avenue, N.W.
      Washington, District of Columbia 20006
      United States
      202-785-9500(phone)
      (202) 835-0243(fax)
      trademarks@wc-b.com
The docket/reference number is NAPA 2135-F.
David M. Abrahams 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:

David M. Abrahams

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@wc-b.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dabrahams@wc-b.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 $1050 has been submitted with the application, representing payment for 3 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: /david m. abrahams/   Date: 08/20/2021
Signatory's Name: David M. Abrahams
Signatory's Position: Attorney of Record, District of Columbia Bar member
Signatory's Phone Number: 202-785-9500
Signature method: Signed directly within the form
Payment Sale Number: 90893333
Payment Accounting Date: 08/20/2021

Serial Number: 90893333
Internet Transmission Date: Fri Aug 20 11:52:14 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20210820115214791
168-90893333-781b5608b39a7ad1eff471ecd74
fc45af4d8dd0ba7c114cc471c8413c6dd2dc51-C
C-52122097-20210820112254593362