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: 88310117

Filing Date: 02/21/2019

To the Commissioner for Trademarks:

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

The applicant, Cummins Inc., a corporation of Indiana, having an address of
      500 Jackson Street
      Columbus, Indiana 47201
      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 009:  Computer software, hardware and mobile 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, hardware 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; Telematics apparatus, namely, wireless Internet devices which provide telematic services and have a cellular phone function
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 038:  Information transmission by telematic codes; telematic sending of information
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 042:  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, hardware 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
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 045:  Vehicle telematic services in the nature of providing repair, diagnostic, prognostic, predictive maintenance, prognostic service scheduling, troubleshooting, fault alert, performance and trend monitoring information and filtration diagnostic information for land, marine, mining, oil and gas, rail, construction and agriculture vehicles; Vehicle telematic services in the nature of providing safety diagnostic information concerning engine safety and vehicle safety information
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 applicant's current Attorney Information:
      Kristine M. Young and Michael D. Adams, Charles E. Harris II, Melissa Anyetei, Vera Nackovic, Erick Palmer, Michael Word, Kristine Young, Andrea Hintz, William Siegel, Luiz Miranda, Amy Carroll of Mayer Brown LLP      P.O. Box 2828
      Chicago, Illinois 60690-2828
      United States
      312-706-9000(fax)
      IPDocket@mayerbrown.com (authorized)

The applicant's current Correspondence Information:

Kristine M. Young

Mayer Brown LLP

P.O. Box 2828

Chicago, Illinois 60690-2828

312-706-9000(fax)

IPDocket@mayerbrown.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 $1100 has been submitted with the application, representing payment for 4 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: /Kristine M. Young/   Date: 02/21/2019
Signatory's Name: Kristine M. Young
Signatory's Position: Attorney of record, Illinois bar member
Payment Sale Number: 88310117
Payment Accounting Date: 02/21/2019

Serial Number: 88310117
Internet Transmission Date: Thu Feb 21 11:30:20 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.X-20190221113020991
773-88310117-620c11c2dc36c35c57cbbb6eba1
615ac61596f3e7158bc42343d058918e9362fa79
-DA-8780-20190221112649568837