PTO- 2195 |
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 |
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88310117 |
LAW OFFICE ASSIGNED |
LAW OFFICE 108 |
DATE OF NOTICE OF ABANDONMENT |
06/28/2021 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
ACUMEN |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
PETITION |
PETITION STATEMENT |
Applicant has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests
the USPTO to revive the abandoned application. |
NOTICE OF ALLOWANCE |
Notice of Allowance was received by applicant. |
EXTENSION OF TIME TO FILE STATEMENT OF USE |
OWNER SECTION (current) |
NAME |
Cummins Inc. |
MAILING ADDRESS |
500 Jackson Street |
CITY |
Columbus |
STATE |
Indiana |
ZIP/POSTAL CODE |
47201 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
OWNER SECTION (proposed) |
NAME |
Cummins Inc. |
MAILING ADDRESS |
500 Jackson Street |
CITY |
Columbus |
STATE |
Indiana |
ZIP/POSTAL CODE |
47201 |
STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION |
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 |
GOODS OR SERVICES |
KEEP ALL LISTED |
INTERNATIONAL CLASS |
037 |
CURRENT IDENTIFICATION |
Vehicle engine repair, engine servicing, engine maintenance, and troubleshooting repair services for land, marine, mining, oil and gas, rail,
construction and agriculture engines and power generation equipment and filtration systems, accessories, and related parts; providing information related to engine repair services for land, marine,
mining, oil and gas, rail, construction and agriculture engines and power generation equipment and filtration systems, accessories, and related parts; Technical support in the nature of repair
information for land, marine, mining, oil and gas, rail, construction and agriculture engines and power generation equipment and filtration systems, accessories, and related parts |
GOODS OR SERVICES |
DELETE ENTIRE CLASS OR PROCESS ACCORDING TO REQUEST TO DIVIDE |
INTERNATIONAL CLASS |
038 |
CURRENT IDENTIFICATION |
Information transmission by telematic codes; telematic sending of information; telematics sending of information related to engine repair
services for land, marine, mining, oil and gas, rail, construction and agriculture engines and power generation equipment and filtration systems, accessories, and related parts |
GOODS OR SERVICES |
DELETE ENTIRE CLASS OR PROCESS ACCORDING TO REQUEST TO DIVIDE |
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 |
GOODS OR SERVICES |
KEEP ALL LISTED |
INTERNATIONAL CLASS |
045 |
CURRENT IDENTIFICATION |
Vehicle telematic services in the nature of providing information concerning engine safety and vehicle safety |
GOODS OR SERVICES |
DELETE ENTIRE CLASS OR PROCESS ACCORDING TO REQUEST TO DIVIDE |
EXTENSION SECTION |
EXTENSION PERIOD(S) |
3 |
ONGOING EFFORT |
product or service research or development |
ALLOWANCE MAIL DATE |
11/26/2019 |
CORRESPONDENCE INFORMATION (current) |
NAME |
Kristine M. Young |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
IPDocket@mayerbrown.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
wsiegel@mayerbrown.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Kristine M. Young |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
IPDocket@mayerbrown.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
wsiegel@mayerbrown.com |
DOCKET/REFERENCE NUMBER |
19611767 |
PAYMENT SECTION |
PETITION TO REVIVE (INCLUDING A PETITION TO DIRECTOR USED SOLELY AS A PETITION TO REVIVE) |
150 |
NUMBER OF CLASSES IN USE |
2 |
EXTENSION FEE |
250 |
TOTAL AMOUNT |
400 |
SIGNATURE SECTION |
PETITION SIGNATURE |
/william r siegel/ |
SIGNATORY'S NAME |
William R. Siegel |
SIGNATORY'S POSITION |
Attorney of record, Mayer Brown LLP, Illinois Bar member |
DATE SIGNED |
06/29/2021 |
SIGNATORY'S PHONE NUMBER |
3127018637 |
SIGNATURE METHOD |
Signed directly within the form |
DECLARATION SIGNATURE |
/william r siegel/ |
SIGNATORY'S NAME |
William R. Siegel |
SIGNATORY'S POSITION |
Attorney of record, Mayer Brown LLP, Illinois Bar member |
DATE SIGNED |
06/29/2021 |
SIGNATORY'S PHONE NUMBER |
3127018637 |
SIGNATURE METHOD |
Signed directly within the form |
FILING INFORMATION |
SUBMIT DATE |
Tue Jun 29 14:18:46 ET 2021 |
TEAS STAMP |
USPTO/PSE-XXX.XX.X.X-2021
0629141846143981-88310117
-7807e30187bbc61b339273cd
f7cf536dd77221071e2c886c0
5a8e349518199337f9-DA-184
23372-2021062914090328727
3 |
PTO- 2195 |
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 |
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
To the Commissioner for Trademarks:
MARK: ACUMEN(Standard Characters, see
mark )
SERIAL NUMBER: 88310117
PETITION Petition Statement
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application. Notice
of Allowance was received by applicant.
EXTENSION OF TIME TO FILE STATEMENT OF USE
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
Email: XXXX
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89. The Notice of Allowance mailing date was
11/26/2019.
The applicant is filing extension number(s): 3
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
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
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 International Class 037:
Current identification: Vehicle engine repair, engine servicing, engine maintenance, and troubleshooting repair services for land, marine, mining, oil and gas, rail, construction and agriculture
engines and power generation equipment and filtration systems, accessories, and related parts; providing information related to engine repair services for land, marine, mining, oil and gas, rail,
construction and agriculture engines and power generation equipment and filtration systems, accessories, and related parts; Technical support in the nature of repair information for land, marine,
mining, oil and gas, rail, construction and agriculture engines and power generation equipment and filtration systems, accessories, and related parts
All ITU goods/services in this class are to be deleted or processed according to a separately filed Statement of Use and/or according to a request to divide.
For International Class 038:
Current identification: Information transmission by telematic codes; telematic sending of information; telematics sending of information related to engine repair services for land, marine, mining,
oil and gas, rail, construction and agriculture engines and power generation equipment and filtration systems, accessories, and related parts
All ITU goods/services in this class are to be deleted or processed according to a separately filed Statement of Use and/or according to a request to divide.
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
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 International Class 045:
Current identification: Vehicle telematic services in the nature of providing information concerning engine safety and vehicle safety
All ITU goods/services in this class are to be deleted or processed according to a separately filed Statement of Use and/or according to a request to divide.
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
The docket/reference number is 19611767.
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 $150 will be submitted with the form, representing payment for the petition to revive fee.
A fee payment in the amount of $250 will be submitted with the form, representing payment for the extension fee.
A fee payment in the total amount of $400 will be submitted.
Petition
Signature: /william r siegel/ Date Signed: 06/29/2021
Signatory's Name: William R. Siegel
Signatory's Position: Attorney of record, Mayer Brown LLP, Illinois Bar member
Signatory's Phone: 3127018637
Declaration
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 registration resulting therefrom, 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.
STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time
to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.
STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered;
for a trademark or
service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified;
for a
collective trademark, collective service mark, or collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or
in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified;
for a certification mark application, the applicant is
exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and the
applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the
goods/services that meet the certification standards of the applicant; that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members,
and/or 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; and the specimen(s) shows the mark as used on or in connection with the
goods/services/collective membership organization in commerce.
STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d),
for a trademark or service mark application,
the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified;
for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of
the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified;
for a certification mark
application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the
notice of allowance or as subsequently modified and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote
recognition of the certification program or of the goods/services that meet the certification standards of the applicant; and that to the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or 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.
Signature: /william r siegel/ Date Signed: 06/29/2021
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
Serial Number: 88310117
Internet Transmission Date: Tue Jun 29 14:18:46 ET 2021
TEAS Stamp: USPTO/PSE-XXX.XX.X.X-2021062914184614398
1-88310117-7807e30187bbc61b339273cdf7cf5
36dd77221071e2c886c05a8e349518199337f9-D
A-18423372-20210629140903287273