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: 88179888

Filing Date: 11/02/2018

To the Commissioner for Trademarks:

MARK: RAIL TALK (stylized and/or with design, see mark)

The literal element of the mark consists of RAIL TALK.
The applicant is not claiming color as a feature of the mark. The mark consists of a conversation bubble formed with a series of lines resembling a railroad and with the words "RAIL TALK" within the conversation bubble.
The applicant, BNSF Railway Company, a corporation of Delaware, having an address of
      2650 Lou Menk Drive
      Fort Worth, Texas 76131
      United States

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 025:  T-shirts; shirts; hats; headwear; jackets
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 041:  Providing a website featuring education information in the field of the railroad industry; providing information in the field of the railroad industry

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 10/23/2018, and first used in commerce at least as early as 10/23/2018, 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) screenshot of Applicant's website pages depicting the mark used in connection with the services.

Original PDF file:
SPE0-662821206-20181029162824876113_._RAIL_TALK_-_CL_41_News-Media_1.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-662821206-20181029162824876113_._RAIL_TALK_-_CL_41_News-Media_2.pdf
Converted PDF file(s) (7 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7



The applicant's current Attorney Information:
      Tyler M. Beas and Paul J. Reilly and Elizabeth K. Rucki of Baker Botts L.L.P.
      Suite 900
      2001 Ross Avenue
      Dallas, Texas 75201-2980
      United States
      214-953-6500(phone)
      214.661.4899(fax)
      daltmdept@bakerbotts.com (authorized)
The attorney docket/reference number is 086748.TBA3.

The applicant's current Correspondence Information:

Tyler M. Beas

Baker Botts L.L.P.

Suite 900       2001 Ross Avenue

Dallas, Texas 75201-2980

214-953-6500(phone)

214.661.4899(fax)

daltmdept@bakerbotts.com;tyler.beas@bakerbotts.com; laura.johnson@bakerbotts.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: /LaRhonda Brown-Barrett/   Date: 11/01/2018
Signatory's Name: LaRhonda Brown-Barrett
Signatory's Position: Senior General Attorney
Payment Sale Number: 88179888
Payment Accounting Date: 11/05/2018

Serial Number: 88179888
Internet Transmission Date: Fri Nov 02 16:05:54 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20181102160554546
524-88179888-6107e732d57dfd14ba3bcf89e67
a14b490e8eec074df7fe4bb11ed82479034ff55-
DA-2691-20181029171322109515