Extension of Time to File SOU

PTO- 1581

Approved for use through 03/31/2024. OMB 0651-0054

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- 1581

Approved for use through 03/31/2024. OMB 0651-0054

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

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: ACUMEN (see, http://uspto.report/TM/88310117/mark.png)
SERIAL NUMBER: 88310117

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Cummins Inc., having an address of
      500 Jackson Street
      Columbus, Indiana 47201
      United States
      Email: XXXX
Proposed: Cummins Inc., having an address of
      500 Jackson Street
      Columbus, Indiana 47201
      United States
      Phone:
      Fax:
      Email: XXXX

The owner requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application.    The Notice of Allowance mailing date was 11/26/2019.

For International Class 009:
Current identification: Recorded computer software, computer hardware and downloadable mobile applications for use in connection with engines and equipment for land, marine, mining, oil and gas, rail, power generation, construction and agriculture, namely, recorded computer software, computer hardware and downloadable mobile applications for performing engine diagnostics and predictive prognostics and maintenance, filtration diagnostics and predictive prognostics and maintenance, and for providing expert repair recommendations, diagnostics, prognostics, prognostic service scheduling, troubleshooting, fault alerts and performance and trend monitoring; Telematics apparatus, namely, wireless Internet devices which provide telematic services and have a cellular phone function

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 042:
Current identification: Providing on-line non-downloadable computer programs and web-based applications for use in connection with engines and equipment for land, marine, mining, oil and gas, rail, power generation, construction and agriculture, namely, computer software and mobile applications for performing engine diagnostics and predictive prognostics and maintenance, filtration diagnostics and predictive prognostics and maintenance, and for providing expert repair recommendations, diagnostics, prognostics, prognostic service scheduling, troubleshooting, fault alerts and performance and trend monitoring; Maintenance of computer software; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Vehicle telematic services, namely, providing automotive diagnostic services featuring engine diagnostic information relating to the functionality of land, marine, mining, oil and gas, rail, construction and agriculture vehicles

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


This is the fourth extension request. The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or development

Correspondence Information (current):
      Kristine M. Young
      PRIMARY EMAIL FOR CORRESPONDENCE: IPDocket@mayerbrown.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wsiegel@mayerbrown.com

Correspondence Information (proposed):
      Kristine M. Young
      PRIMARY EMAIL FOR CORRESPONDENCE: IPDocket@mayerbrown.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wsiegel@mayerbrown.com


Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the 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 $250 will be submitted with the form, representing payment for 2 classes.


Declaration

STATEMENTS: The signatory believes that: the applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified, or, if applicable, the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with all the goods/services/collective membership organization under Section 1(b) in the notice of allowance or as subsequently modified; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, members and 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

DECLARATION: 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 resulting registration, declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /william r siegel/      Date Signed: 11/24/2021
Signatory's Name: William R. Siegel
Signatory's Position: Attorney of record, Mayer Brown LLP, Illinois Bar member
Signatory's Phone: 3127018637
Signature method: Signed directly within the form

PAYMENT: 88310117
PAYMENT DATE: 11/24/2021

Serial Number: 88310117
Internet Transmission Date: Wed Nov 24 08:55:09 ET 2021
TEAS Stamp: USPTO/ESU-XXX.XX.X.X-2021112408550961600
1-88310117-781f64fdcc624e55ba76238124aa7
a74262bd49fccbdef9a851219a8f96268fc27-DA
-55071460-20211124084955898639