Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97153002

Filing Date: 12/02/2021

To the Commissioner for Trademarks:

MARK: BILTWELL (Standard Characters, see mark)
The literal element of the mark consists of BILTWELL. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Biltwell Custom Motorcycle Corp., DBA Biltwell Inc., a corporation of California, having an address of
      42349 Winchester Rd
      Temecula, California 92590
      United States
      951-699-1500(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 006:  Non-luminous and non-mechanical metal signs

In International Class 006, 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 09/19/2011, and first used in commerce at least as early as 11/11/2011, 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) The specimen consists of a photograph of the good showing the mark associated with the good and on the good..
Specimen File1
Webpage URL: http://www.biltwellinc.com/pages/search-results-page?q=shop+signs
Webpage Date of Access: 12/02/2021

International Class 007:  Motorcycle engine parts, namely, exhaust pipes, air filters, ignition magnetos, ignition valve covers, carburetors, cam covers, engine valve covers, oil tanks, oil lines, spark plug wires, fuel filters, mufflers, exhaust kits comprising exhaust tips, exhaust pipes, exhaust flanges, shock struts, and motor mount plates

In International Class 007, 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 01/01/2007, and first used in commerce at least as early as 04/15/2007, 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 specimen consists of a photograph of the Biltwell Exhaust Flange for sale on the online retail store with the mark associated with the good..
Specimen File1
Webpage URL: http://www.biltwellinc.com/pages/search-results-page?q=exhaust+kit
Webpage Date of Access: 12/02/2021

International Class 009:  Protective safety helmet for sport and motorsport, namely, motorcycling, motor cross, motor bikes, motor scooters, scooters, dirt bikes, go-carts, bicycling; protective riding helmet for any form of transport, sport or recreational use, all of the foregoing featuring full face masks, partial face masks, or no face mask; protective helmet accessories, namely, helmet face shields, helmet bubble shields, motorcycle goggles, motorcycle goggle lenses, motorcycle helmet snap on visor, helmet hardware kit comprised of screws and baseplates, all of the after-mentioned goods meeting DOT and ECE helmet Standards.

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 01/18/2005, and first used in commerce at least as early as 01/18/2005, 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 specimen consists of a photograph of a Biltwell helmet showing the mark associated with the good..
Specimen File1
Webpage URL: http://www.biltwellinc.com/products/gringo-ece-helmet-gloss-copper
Webpage Date of Access: 12/02/2021

International Class 011:  Motorcycle parts, namely, taillights.

In International Class 011, 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 01/01/2011, and first used in commerce at least as early as 04/01/2012, 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 specimen consists of a photograph of a Biltwell tail light associated with the mark Biltwell.
Specimen File1
Webpage URL: http://www.biltwellinc.com/pages/search-results-page?q=tail+lights
Webpage Date of Access: 12/02/2021

International Class 012:  Motorcycle parts, namely, seats, seat mounts, seat hinges, seat kits, stash tubes; handle bars, handle bar grips, handle bar risers, hand control levers, foot control levers, handle bar throttles, gas tanks, forks, frames, gas caps, petcock fuel valves, foot pegs, windshields, fenders, luggage racks, license plate frames, sissy bars, turn signals, drive chains, wheels, rims, spokes, tires, license plate brackets, sprockets, sprocket covers, fork sliders, fork tubes, stash tubes, headlight mounts, fairings, derby covers, steering nuts, shocks, mirrors, mirror perch mounts; mirror clamps, mirror bar mount, tail light bracket, motorcycle bags, namely, saddle bags; coffee mugs made of metal, beer mugs; koozies, luggage specially adapted for use on motorcycles

In International Class 012, 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 01/18/2005, and first used in commerce at least as early as 01/18/2005, 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 specimen consists of a photograph of a Biltwell throttle associated with the mark.
Specimen File1
Webpage URL: http://www.biltwellinc.com/collections/throttles
Webpage Date of Access: 12/02/2021

International Class 016:  Printed materials and publications, namely, magazines, catalogs, newsletters, books, posters, decals and stickers in the field of gear, travel, equipment, parts, luggage, helmets, apparel, and sundries for use with motorcycles off road motorcycles, scooters; manuals, tags

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 01/18/2005, and first used in commerce at least as early as 01/18/2005, 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 specimen consists of a photograph of the Biltwell stickers.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 018:  Luggage, knap sacks, ruck sack, pocket wallets, all-purpose carrying bags, saddle bags, helmet bags, utility bags that attach to motorcycles and then can be worn or carried over the shoulder for storage; tool bags sold empty, tool rolls and tool pouches sold empty, backpacks, fanny packs, tank bags, messenger bags, wallets, straps, moto bar pads for handlebars

In International Class 018, 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 02/01/2014, and first used in commerce at least as early as 02/01/2014, 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 specimen consists of a photograph of Biltwell luggage on sale via the online retail store showing the mark associated with the luggage.
Specimen File1
Webpage URL: http://www.biltwellinc.com/pages/search-results-page?q=luggage+racks
Webpage Date of Access: 12/02/2021

International Class 025:  T-shirts consisting of short sleeve, sleeveless or long sleeve t-shirts; tank tops, shirts consisting of long sleeve shirts and short sleeve shirts, vests, jackets, gloves, motorcycle gloves, beanies, caps, hats, visors being headwear, bandanas, sweatshirts, hooded sweatshirts, base layers consisting of pants and shirts, socks, flip flops

In International Class 025, 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 01/18/2005, and first used in commerce at least as early as 01/18/2005, 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 specimen consists of a photograph of Biltwell hoodie sweatshirt for sale on its online retail store showing the mark associated with the goods.
Specimen File1
Webpage URL: http://www.biltwellinc.com/collections/outerwear
Webpage Date of Access: 12/02/2021

International Class 026:  Embroidered patches, pins, key fobs

In International Class 026, 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 01/01/2007, and first used in commerce at least as early as 02/28/2007, 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 specimen consists of a photograph of Biltwell patches associated with the mark.
Specimen File1
Webpage URL: http://www.biltwellinc.com/pages/search-results-page?q=patches
Webpage Date of Access: 12/02/2021

International Class 035:  Retail store services featuring walk in show room and sales staff services and online retail store services, worldwide off-site retail store services, dealerships and distributorship services in the field of motor cycle parts, accessories and clothing, namely, motorcycle parts, motorcycle accessories and motorcycle hardware, clothing and headwear, signage, patches, stickers, glasses, helmets and helmet accessories, helmet face shields, helmet bubble shields, motorcycle goggles, motorcycle goggle lenses, motorcycle helmet snap on visor, helmet hardware kit comprised of screws and baseplates; offering business management assistance in the establishment and operation of motorcycle parts and accessories stores; developing promotional campaigns for business in the field of retail stores; Advertising and marketing services provided by means of indirect methods of marketing communications, namely, social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels; Mobile advertising services in the field of motorcycles, motorcycle equipment and parts, motorcycle trips and travel; Online advertising and marketing services in the field of motorcycles, motorcycle equipment and parts, and motorcycle trips and travel; Online advertising and marketing services in the field of motorcycles, motorcycle equipment and parts, and motorcycle trips and travel via wireless networks for display on mobile devices

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 01/01/2005, and first used in commerce at least as early as 01/01/2008, 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) A photograph of the Biltwell online retail store services associated with the mark.
Specimen File1
Webpage URL: http://www.biltwellinc.com/
Webpage Date of Access: 12/02/2021

International Class 039:  Event organizing, planning, arrangements and conducting of a 100 mile off road motorized vehicle race featuring motorcycles and cars. FIRST USE: 20201224. FIRST USE IN COMMERCE; Event organizing, planning, arrangements and conducting of a yearly motorcycle trip leaving from the USA and traveling into and across Baja, California, Mexico. Event organizing, planning, arrangement and conducting of on road and off road motorized vehicle and motorcycle rides

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 08/31/2005, and first used in commerce at least as early as 09/01/2005, 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 specimen consists of photographs of the motorcycle events associated with the mark.
Specimen File1
Specimen File2
Webpage URL: http://www.biltwellinc.com/blogs/wtf/three-saturday-afternoon-rides-for-the-bash
Webpage Date of Access: 12/02/2021

International Class 041:  Providing online non-downloadable electronic publications in the nature of books, magazines and newsletters in the field of gear, parts, luggage, helmets, apparel, and sundries for use with motorcycles, off road motorcycles, scooters. Entertainment services, namely, organizing, planning and arranging of social entertainment events in the nature of car and off road and on road motorcycle shows, events, conventions; Entertainment services, conducting a motorcycle show featuring motorcycle displays, judging of motorcycles brought to the show and placed on display by show attendees, motorcycle stunt show, motorcycle-related vendors, food, music, games, raffles, awards

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 07/29/2020, and first used in commerce at least as early as 12/17/2020, 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 specimen consists of a photograph of the mark associated with the motorcycle expo.

Original PDF file:
SPE0-70164208102-20211202 132523441803_._IMG_2612.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://thunderpress.net/event/biltwell-parts-and-labor-motorcycle-expo
Webpage Date of Access: 12/02/2021



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

The owner's/holder's proposed attorney information: Jeana Sciarappa Schott, Esq.. Jeana Sciarappa Schott, Esq. of Sciarappa Schott ip, plc, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      36 Andiamo
      Newport Coast, California 92657
      United States
      949-285-0019(phone)
      Jeana@schottlawgroup.com

Jeana Sciarappa Schott, 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:

Jeana Sciarappa Schott, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: Jeana@schottlawgroup.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jeaschott@aol.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 $4200 has been submitted with the application, representing payment for 12 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: /Jeana Sciarappa Schott, Esq./   Date: 12/02/2021
Signatory's Name: /Jeana Sciarappa Schott, Esq./
Signatory's Position: Attorney of Record 162457 California
Signatory's Phone Number: 949-285-0019
Signature method: Signed directly within the form
Payment Sale Number: 97153002
Payment Accounting Date: 12/02/2021

Serial Number: 97153002
Internet Transmission Date: Thu Dec 02 14:29:24 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202112021429248
93194-97153002-7811be8d28a66cb137edf2f5a
6448fc759998a71434a178861e52a91956c58c6-
CC-29231558-20211202132523441803