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: 90380810

Filing Date: 12/14/2020

To the Commissioner for Trademarks:

MARK: ACV AUCTIONS (stylized and/or with design, see mark)
The literal element of the mark consists of ACV AUCTIONS. The applicant is not claiming color as a feature of the mark. The mark consists of the letters ACV in stylized format above the word AUCTIONS.
The applicant, ACV Auctions Inc., a corporation of Delaware, having an address of
      640 Ellicott Street, Suite 108
      Buffalo, New York 14203
      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 009:  Downloadable mobile software application and software platform for curating and organizing user vehicle inventory and information, displaying user vehicle pricing and value information, assembling and displaying user seller profiles, and otherwise providing a means by which users can list for sale, offer to buy, buy and sell vehicles through an online platform

In International Class 009, 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 05/01/2015, and first used in commerce at least as early as 05/01/2015, 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) mark shown on screenshot of login for app software as installed and downloaded.

Original PDF file:
SPE0-3814217352-202012141 71416593981_._ACV_Auction s_Class_9_Spec.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 035:  Vehicle inspection services

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 02/01/2016, and first used in commerce at least as early as 02/01/2016, 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) mark shown on PDF of website pages advertising services obtained from www.acvauctions.com on December 14, 2020.

Original PDF file:
SPE0-3814217352-202012141 71416593981_._ACV_Specime n_-_Classes_35_and_42.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

International Class 042:  Curating and organizing user vehicle inventory and information, displaying user vehicle pricing and value information, assembling and displaying user seller profiles, and otherwise providing a means by which users can list for sale, offer to buy, buy and sell vehicles through an online platform

In International Class 042, 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 12/18/2014, and first used in commerce at least as early as 12/18/2014, 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) mark shown on PDF of website pages advertising services obtained from www.acvauctions.com on December 14, 2020.

Original PDF file:
SPE0-1-3814217352-2020121 4171416593981_._ACV_Speci men_-_Classes_35_and_42.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 6115265 and 5105671.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Andrew S. Ehard. Other appointed attorneys are Andrew S. Ehard, John A. Clifford, Scott W. Johnston, Christopher J. Schulte, Brent E. Routman, Brian H. Batzli, Gregory C. Golla, Danielle I. Mattessich, Heather J. Kliebenstein, Lindsay M.R. Jones and all other attorneys at the firm of Merchant & Gould P.C.. Andrew S. Ehard of Merchant & Gould P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 2910
      Minneapolis, Minnesota 55402-0910
      United States
      612-332-5300(phone)
      612-332-9081(fax)
      dockmpls@merchantgould.com
The docket/reference number is 18312.55US01.
Andrew S. Ehard 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:

Andrew S. Ehard

PRIMARY EMAIL FOR CORRESPONDENCE: dockmpls@merchantgould.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mmorris@merchantgould.com; 18312.0055US01.active@ef.merchantgould.com; aehard@merchantgould.com 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 $825 has been submitted with the application, representing payment for 3 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: /Andrew S. Ehard/   Date: 12/14/2020
Signatory's Name: Andrew S. Ehard
Signatory's Position: Attorney for Applicant; Minnesota Bar Member
Payment Sale Number: 90380810
Payment Accounting Date: 12/14/2020

Serial Number: 90380810
Internet Transmission Date: Mon Dec 14 17:21:13 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2020121417211326
2639-90380810-750e4727cec7c14867a83f59cb
9685dafbaa27de2d1ad305f53e34bc9dd4f1-CC-
21128972-20201214171416593981