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)

---

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: 90172585

Filing Date: 09/10/2020

To the Commissioner for Trademarks:

MARK: EMBARK (Standard Characters, see mark)
The literal element of the mark consists of EMBARK. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Embark Trucks Inc., a corporation of Delaware, having an address of
      424 Townsend St.
      San Francisco, California 94107
      United States
      XXXX

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 035:  Arranging for pickup, transportation, delivery and storage of freight by truck; tracking and tracing of freight by land; land freight logistics management; land freight management services using automated vehicles

In International Class 035, 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 09/11/2017, and first used in commerce at least as early as 09/11/2017, 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) Marketing material displaying mark and class 35 services.

Original PDF file:
SPE0-19822100222-20200909 174210592644_._EMBARK_spe cimen.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

International Class 039:  Pick-up, transportation, storage and delivery of freight by truck; warehousing services, namely, land freight transfer services; land transportation services for freight using automated vehicles; supply chain logistics, namely, storage, transportation, and delivery of goods for others by land via land vehicles

In International Class 039, 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 09/11/2017, and first used in commerce at least as early as 09/11/2017, 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) marketing material displaying mark and services for class 39.

Original PDF file:
SPE0-1-19822100222-202009 09174210592644_._EMBARK_s pecimen.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8



The owner's/holder's proposed attorney information: Britt L. Anderson. Other appointed attorneys are Lindsay B. Allen, Craig A. Beaker, Stefan B. Blum, Jared H. Bryant, Jeremy L. Buxbaum, L. Omar Cojulun, Sabrina J. Danielson, Colleen M. Ganin, Alexander J.A. Garcia, Daniel J. Glenn, Mark S. Goodrich, Lynne E. Graybeal, Patchen M. Haggerty, John P. Halski, Thomas L. Holt, Jason S. Howell, Lisa K. Koenig, Elizabeth A. Kristoferson, Kirstin E. Larson, Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa T. Oratz, Scott J. Palmer, Seth H. Reagan, Andrew A. Roppel, Heidi L. Sachs, Grace Han Stanton, Danielle Suh, James L. Vana, Fabricio Vayra and Robert G. Woolston. Britt L. Anderson of Perkins Coie LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      3150 Porter Dr.
      Palo Alto, California 94304
      United States
      650-838-4300(phone)
      650-838-4350(fax)
      pctrademarks@perkinscoie.com
The docket/reference number is 139613.4000.
Britt L. Anderson submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Britt L. Anderson

PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Henry Su/   Date: 09/10/2020
Signatory's Name: Henry Su
Signatory's Position: Chief of Staff
Payment Sale Number: 90172585
Payment Accounting Date: 09/10/2020

Serial Number: 90172585
Internet Transmission Date: Thu Sep 10 19:04:26 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-202009101904262
58131-90172585-750ab29182dd2652824bbad47
9601e8ffd56cda2b68fb04231651519786c564ed
-CC-04257487-20200909174210592644