Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

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- 1478

Approved for use through 02/28/2021. OMB 0651-0009

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 Application, Principal Register

Serial Number: 90492821

Filing Date: 01/27/2021

To the Commissioner for Trademarks:

MARK: TracKing (Standard Characters, see mark)
The literal element of the mark consists of TracKing. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Thermo King Corporation, a corporation of Delaware, having an address of
      314 W. 90th Street
      Minneapolis, Minnesota 55420
      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:  Computer software for vehicle fleet management using GPS (global positioning system) technology to collect and transmit vehicle data such as speed, location, delivery and shipping status, refrigeration temperature and other conditions

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 08/02/2008, and first used in commerce at least as early as 08/02/2008, 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) The specimen consists of a software interface screen displaying the mark in connection with the covered goods..
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 038:  Electronic transmission of data and information via wireless communications networks and the Internet for vehicle fleet management to provide information regarding vehicle data such as speed, location, delivery and shipping status, refrigeration temperature and other conditions and for controlling such vehicle functions

In International Class 038, 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 08/02/2008, and first used in commerce at least as early as 08/02/2008, 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) The specimen consists of a page from a brochure offering the covered services.

Original PDF file:
SPE0-17316717859-20210127 174134886889_._Class_38.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4802412.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4802412.

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: Daniel Saam. Other appointed attorneys are Dermot Horgan, Jeannine A Rittenhouse, Dmitriy Makarov, Carlynn Ferguson, Alex Bara, Eric Estadt, John Bathke, Christopher Lay, Robert Schneider, Jamison Rounds, Michael Kenaga, Pradeep Jayaraman, Zenyel Karcioglu, and Ryan Fargen. Daniel Saam of IpHorgan Ltd., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 125
      195 Arlington Heights Rd.
      Buffalo Grove, Illinois 60089
      United States
      mail@iphorgan.com
The docket/reference number is TTK 10452 US.
Daniel Saam 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:

Daniel Saam

PRIMARY EMAIL FOR CORRESPONDENCE: mail@iphorgan.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dsaam@iphorgan.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 $700 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: /Daniel Saam/   Date: 01/27/2021
Signatory's Name: Daniel Saam
Signatory's Position: Attorney of record, Illinois Bar member
Signatory's Phone Number: Not Provided
Signature method: Signed directly within the form
Payment Sale Number: 90492821
Payment Accounting Date: 01/27/2021

Serial Number: 90492821
Internet Transmission Date: Wed Jan 27 18:55:05 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202101271855053
71081-90492821-76063a2ab79e4934329ac1d76
de3984ebc22928970cd9e14bf978758d9c18b666
0-CC-55048786-20210127174134886889