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: 97748946

Filing Date: 01/10/2023

To the Commissioner for Trademarks:

MARK: OTR (stylized and/or with design, see mark)
The literal element of the mark consists of OTR. The mark consists of the letters "OTR" where a stylized drawing of a tire is superimposed in the middle of the letters.
The applicant, OTR Wheel Engineering, Inc., a corporation of Georgia, having an address of
      6 Riverside Industrial Park
      Rome, Georgia 30161
      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 012:  Tires; tires for vehicles; tires for vehicle wheels; tires for off-road vehicles; tires and wheels for agricultural, industrial, lawn and garden, and powersports vehicles; tires for aerial work platforms; tires for all-terrain vehicles; tires for side-by-side vehicles; tires for utility vehicles; tire and wheel assemblies; vehicle wheels; vehicle wheel rims; wheel rims; wheel rim bases; wheel bead seats; wheel lock rings; wheel side flanges; wheel driver keys; wheel cases; wheel case skids; wheel skid steers; rubber tracks for vehicles
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 035:  Wholesale and retail store services featuring tires, tires for vehicles, tires for vehicle wheels, tires for off-road vehicles, tires and wheels for agricultural, industrial, lawn and garden, and powersports vehicles, tires for aerial work platforms, tires for all-terrain vehicles, tires for side-by-side vehicles, tires for utility vehicles, tire and wheel assemblies, vehicle wheels, vehicle wheel rims, wheel rims, wheel rim bases, wheel bead seats, wheel lock rings, wheel side flanges, wheel driver keys, wheel cases, wheel case skids, wheel skid steers, and rubber tracks for vehicles
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 039:  Distribution services, namely, delivery of tires, tires for vehicles, tires for vehicle wheels, tires for off-road vehicles, tires and wheels for agricultural, industrial, lawn and garden, and powersports vehicles, tires for aerial work platforms, tires for aerial work platforms, tires for all-terrain vehicles, tires for side-by-side vehicles, tires for utility vehicles, tire and wheel assemblies, vehicle wheels, vehicle wheel rims, wheel rim bases, wheel bead seats, wheel lock rings, wheel side flanges, wheel driver keys, wheel cases, wheel case skids, wheel skid steers, and rubber tracks for vehicles; Warehousing services, namely, storage, distribution, pick-up, packing, and shipping of tires, tires for vehicles, tires for vehicle wheels, tires for off-road vehicles, tires and wheels for agricultural, industrial, lawn and garden, and powersports vehicles, tires for aerial work platforms, tires for aerial work platforms, tires for all-terrain vehicles, tires for side-by-side vehicles, tires for utility vehicles, tire and wheel assemblies, vehicle wheels, vehicle wheel rims, wheel rim bases, wheel bead seats, wheel lock rings, wheel side flanges, wheel driver keys, wheel cases, wheel case skids, wheel skid steers, and rubber tracks for vehicles
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.




The owner's/holder's proposed attorney information: Rhett V. Barney. Other appointed attorneys are David A. Divine, Robert A. Madayag III, George H. Brunt, Andrew L. Eisenberg, Joshua T. Grandinetti, Ethan B. Vodde and Johanna R. Tomlinson. Rhett V. Barney of Lee & Hayes, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      601 W. Riverside Ave Suite 1400
      Spokane, Washington 99201
      United States
      509-944-4642(phone)
      509-323-8979(fax)
      trademarks@leehayes.com
The docket/reference number is O065-0050TMU.
Rhett V. Barney 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:

Rhett V. Barney

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@leehayes.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhettb@leehayes.com; karig@leehayes.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: /Rhett Barney/   Date: 01/10/2023
Signatory's Name: Rhett V. Barney
Signatory's Position: Attorney of Record, WA State Bar Member
Signatory's Phone Number: 509-944-4642
Signature method: Sent to third party for signature
Payment Sale Number: 97748946
Payment Accounting Date: 01/10/2023

Serial Number: 97748946
Internet Transmission Date: Tue Jan 10 18:32:05 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2023011018320696
6414-97748946-8609d35ad452d227021b31df0d
7def21871ced97ea455e5bc308e4ba64a4bedb7-
CC-32054853-20230110181259726800