Statement of Use

PTO- 1553

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- 1553

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

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: MOXIE (Stylized and/or with Design, see mark)
SERIAL NUMBER: 88742796


OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Embodied, Inc., having an address of
      385 E. Colorado Blvd., Suite 110
      Pasadena, California 91101
      United States
      Email: XXXX
Proposed: Embodied, Inc., having an address of
      385 E. Colorado Blvd., Suite 110
      Pasadena, California 91101
      United States
      Phone:
      Email: XXXX

The owner is submitting the following allegation of use information:

For International Class 009:
Current identification: Teaching and companion robots for childhood development use and structural parts therefor; Tactical robots for childhood development use and structural parts therefor; Humanoid robots with artificial intelligence, for childhood development use and structural parts therefor; personal robot accessories in the nature of charging docks and mobile bases; computing devices in the nature of computers and downloadable computer application software to remotely control robots; downloadable computer software and computer application software for controlling, programming, and interfacing with personal robots and digital companions; downloadable computer software and computer application software for telepresence conferencing and management including personal robots or digital companions; downloadable computer software and computer application software that allows personal robots to control and interface with other electronic devices; downloadable computer software and computer application software that allows personal robots to interface with other computers, robots, databases, networks, online services, or mobile services

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/20/2021, and first used in commerce at least as early as 03/20/2021, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) The applied for design mark on the packaging for the applied for goods. The specimen shows the top of the box packaging with the other photo included to show the packaging is a box..

Original PDF file:
SPN0-260390016603e6e45890 2f3b3b4e81f-2021041910204 1227042_._MoxieDesignMark onTopofBox1st.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-260390016603e6e45890 2f3b3b4e81f-2021041910204 1227042_._MoxieDesignMark onBox.pdf
Converted PDF file(s) (1 page)
Specimen File1

Webpage URL: None Provided
Webpage Date of Access: None Provided

For International Class 010:
Current identification: Medical robots in the nature of companion robots and humanoid robots with artificial intelligence for personal wellness, namely, for use in social, cognitive, and emotional therapy, including conversational skills, emotional intelligence, emotion regulation, friendship skills and problem solving

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Class 009
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 010
The applicant requests that the good(s)/service(s) based on use in commerce move to registration at this time.
Section 1(a) Good(s)/Service(s) Additional Information: In this request, we are included a request to divide and providing the Specimen and First Date of use information for class 009. Class 010 will remain as intent-to-use.

Correspondence Information (current):
      Mark R. Kendrick
      PRIMARY EMAIL FOR CORRESPONDENCE: mkendrick852001@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Mark R. Kendrick
      PRIMARY EMAIL FOR CORRESPONDENCE: mkendrick852001@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is EMBODIED19.

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 $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, 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 all the goods/services/collective membership organization in the application or 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 all goods/services in the application or 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	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.
	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.

Signature: /Mark R Kendrick/      Date Signed: 04/19/2021
Signatory's Name: Mark R Kendrick
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone: 818 941-8604
Signature method: Signed directly within the form

Request to Divide Signature


Signature: /Mark R. Kendrick/    Date: 04/19/2021
Signatory's Name: Mark R Kendrick
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone: 818 941-8604

Signature method: Signed directly within the form
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.


PAYMENT: 88742796
PAYMENT DATE: 04/19/2021

Serial Number: 88742796
Internet Transmission Date: Mon Apr 19 10:57:59 ET 2021
TEAS Stamp: USPTO/SOU-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXX:XXXX-20210419105759231862-88742796-7
70f3aefcf3fcec44b1f10dadd4426cf51e240812
bd59974277dd17ca1f8f64-CC-57550604-20210
419102041227042