TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88160908

Filing Date: 10/18/2018

To the Commissioner for Trademarks:

MARK: FCMOVE (Standard Characters, see mark)
The literal element of the mark consists of FCMOVE.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, BALLARD POWER SYSTEMS INC., a BC provincial company having an address of
      9000 Glenlyon Parkway
      Burnaby, BC V5J5J8
      Canada

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 007:  electric power generators; electricity generators; electric power generators for land vehicles and structural parts therefor incorporating fuel cells, fuel cell stacks and hydrogen fuel management system used as part of electric power generators for land vehicles; electricity generators for land vehicles and structural parts therefor incorporating fuel cells and fuel cell stacks and hydrogen fuel management system used as part of electricity generators for land 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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1925784, filed 10/17/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 009:  fuel cell and fuel cell stacks for use in power and electricity generators and power and electricity generation system in land vehicles; fuel cells; membrane electrode assembles for fuel cells
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1925784, filed 10/17/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      Kevin S. Costanza and E. Russell Tarleton, Jared M. Barrett, Hayley J. Talbert, Syed Abedi, Duncan Stark, Russell C. Pangborn, Marc C. Levy, Jennifer R. Ashton, Stephen J. Rosenman, and Bradley Zentz of Seed IP Law Group LLP
      Suite 5400
      701 Fifth Avenue
      Seattle, Washington 98104
      United States
      206-622-4900(phone)
      206-682-6031(fax)
      KevinC.Docketing@SeedIP.com (authorized)
The attorney docket/reference number is 130809.202.

The applicant hereby appoints Kevin S. Costanza of Seed IP Law Group LLP
      Suite 5400
      701 Fifth Avenue
      Seattle Washington 98104
      United States
      206-622-4900(phone)
      206-682-6031(fax)
      KevinC.Docketing@SeedIP.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Kevin S. Costanza

Seed IP Law Group LLP

Suite 5400       701 Fifth Avenue

Seattle, Washington 98104

206-622-4900(phone)

206-682-6031(fax)

KevinC.Docketing@SeedIP.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $550 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 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 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 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: /Kevin S. Costanza/   Date: 10/18/2018
Signatory's Name: Kevin S. Costanza
Signatory's Position: Attorney for Applicant, Washington State Bar Member
Payment Sale Number: 88160908
Payment Accounting Date: 10/19/2018

Serial Number: 88160908
Internet Transmission Date: Thu Oct 18 18:51:06 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201810181851061
74842-88160908-610bbb69d65cd7ba4d1dd9d55
fbaa44b1ed01a44ec52f1efc1693719895af1f24
9-CC-5293-20181018180917285386