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: 97396930

Filing Date: 05/05/2022

To the Commissioner for Trademarks:

MARK: FOX (stylized and/or with design, see mark)
The literal element of the mark consists of FOX. The applicant is not claiming color as a feature of the mark. The mark consists of the word FOX in a stylized form and a fox head design.
The applicant, Fox Head, Inc., DBA Fox Racing, a corporation of California, having an address of
      16752 Armstrong Avenue
      Irvine, California 92606
      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:  Helmets for mountain biking and motocross activities; protective helmets for motorized activities; protective helmets for sports; safety helmets; protective eyewear; spectacles and sunglasses; replacement parts therefor for all the foregoing; eyewear cases; protective clothing for wear by cyclists, motorcyclists, and motorists for protection against accident or injury, namely, protective back pads, knee pads, protective pads for shoulders and elbows, protective suits, protective chest pads, and protective gloves; sports goggles; goggles for use in motorcycling, bicycling, and action-sports activities; protective face masks for the prevention of accident or injury not for medical purposes; downloadable electronic website catalogs and images in machine readable form in the fields of clothing, apparel, and motocross, motorcycle, bicycle, and sports activities, goods, and services

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 01/01/2015, and first used in commerce at least as early as 01/01/2015, 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) Product bearing the trademark for sale on applicant's website.
Specimen File1
Webpage URL: www.foxracing.com
Webpage Date of Access: 05/05/2022

International Class 025:  Apparel, namely, jackets, rain jackets, vests, sweatshirts, jerseys, shirts, t-shirts, tank tops, blouses, sweaters, pants, tights, shorts, dresses, skirts, hats, caps being headwear, sweatbands, wristbands, headbands, neck gaiters, swimwear, gloves, belts, shoes, sandals, flip flops, boots and socks; gloves for motorcyclists and cyclists; jerseys for motorcyclists and cyclists; pants for motorcyclists and cyclists; jackets for motorcyclists and cyclists; boots for motorcyclists

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 01/01/2015, and first used in commerce at least as early as 01/01/2015, 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) Products bearing the trademark for sale on applicant's website.
Specimen File1
Specimen File2
Webpage URL: www.foxracing.com
Webpage Date of Access: 05/05/2022



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6256548, 3736401, 7377142, and others.


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

The owner's/holder's proposed attorney information: Gregory K. Nelson. Gregory K. Nelson of Weeks Nelson, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      PO Box 675963
      Rancho Santa Fe, California 92067
      United States
      858-794-2140(phone)
      nelson@weeksnelson.com
The docket/reference number is FOX Fox Head.
Gregory K. Nelson 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:

Gregory K. Nelson

PRIMARY EMAIL FOR CORRESPONDENCE: nelson@weeksnelson.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ip@weeksnelson.com; donnasandidge@foxracing.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 $700 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: /Gregory K. Nelson/   Date: 05/05/2022
Signatory's Name: Gregory K. Nelson
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 858-794-2140
Signature method: Signed directly within the form
Payment Sale Number: 97396930
Payment Accounting Date: 05/05/2022

Serial Number: 97396930
Internet Transmission Date: Thu May 05 16:19:45 ET 2022
TEAS Stamp: USPTO/BAS-XX.X.XXX.XXX-20220505161945284
804-97396930-8206ef97ee87db35c806614c75f
d6931274bd4e58dd58188eb9a44d49e3b98c74-C
C-19444792-20220505154330338715