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: 90596723

Filing Date: 03/23/2021

To the Commissioner for Trademarks:

MARK: MOTION IS THE FOUNDATION (Standard Characters, see mark)
The literal element of the mark consists of MOTION IS THE FOUNDATION. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ATS Automation Tooling Systems Inc., a corporation of Canada, having an address of
      730 Fountain St. N., Bldg.2
      Cambridge, ONTARIO N3H4R7
      Canada
      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 007:  Automated manufacturing systems, namely machines for assembly, material handling and packaging; automation systems and equipment, namely, mechanical devices used to automatically convey, grip, orient, manipulate, or alter materials or products as part of automated processes, namely, conveyors, grippers, industrial robots, molds, dies, work holding fixtures for machining applications; material handling equipment, namely, conveyors; industrial robots; metal working machines, namely, machining centers and multi-station computer numerical control (CNC) machining centers; machine tools for gripping, conveying, orienting, manipulating, or altering materials or products as part of automated processes; automated multi-station machining centers; multi-axis robots for industrial use; conveyors and conveyor parts, namely, belts for conveyors, transmission shafts, pulleys, bearings, linear motors, magnets, wheels or rollers, conveyor rails, conveyor tracks, encoder strips, encoder readers; work holding fixtures for machining applications; machine tools for conveying, gripping, orienting, manipulating, or altering materials or products as part of automated processes; machine tools, namely machining centres, jig drills, articulate spindle drills, jaws, clamps and vices for use in the precision clamping of work pieces, lathes, gear cutters, broaches, chasers; manufacturing systems, namely industrial machines used for manufacturing, assembling, processing and packing of goods
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2066400, filed 11/26/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 009:  Automation systems and equipment, namely, mechanical and electronic devices used to automatically locate, alter, inspect, test or sense materials or products as part of automated processes; computerized vision systems hardware; computer software in the field of automation systems, namely vision systems, production planning software, automation software, machine control software; factory automation software
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2066400, filed 11/26/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Online, non-downloadable computer software in the field of automation systems, namely vision systems, production planning software, automation software, machine control software, conveyor control software, conveyor design software; online non-downloadable factory automation software; online, non-downloadable computer software for designing, developing and simulating automation and manufacturing environments; design of automation and manufacturing systems, namely, industrial automation machinery for use in the manufacture, assembly, handling and packaging of goods for others, and consultation related thereto; installation of automation and manufacturing software; maintenance of automation and manufacturing software; consulting services regarding the analysis, compliance, design, development, evaluation, maintenance, and implementation of automation and manufacturing computer systems and software and automation systems; research related to the computerized automation of industrial processes; research related to the computerized automation of technical processes; research in the field of manufacturing machinery; computer services, namely, providing a web-based user interface and web tools for the management, monitoring, and integration of manufacturing data and design of automation systems; computer services, namely, providing web servers for the management, monitoring, and integration of manufacturing data
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 2066400, filed 11/26/2020.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Karen C. Kline. Other appointed attorneys are Gregory M. Lefkowitz. Karen C. Kline of DUANE MORRIS 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
      BR-IPD
      1875 NW Corporate Blvd, Suite 300
      Boca Raton, Florida 33431-8561
      United States
      561-962-2100 x2132(phone)
      561-962-2101(fax)
      kckline@duanemorris.com
The docket/reference number is G2480-01901.
Karen C. Kline 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:

Karen C. Kline

PRIMARY EMAIL FOR CORRESPONDENCE: kckline@duanemorris.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipdocketing@duanemorris.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 $1050 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: /Karen C. Kline/   Date: 03/23/2021
Signatory's Name: Karen C. Kline
Signatory's Position: Attorney of record, Florida Bar Member
Signatory's Phone Number: 561-962-2132
Signature method: Signed directly within the form
Payment Sale Number: 90596723
Payment Accounting Date: 03/23/2021

Serial Number: 90596723
Internet Transmission Date: Tue Mar 23 13:52:10 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202103231352108
27894-90596723-77035885b85d3a5fa0bb96bb9
798b6d8f72861f67e1c9f8c207c6494ca3a90ea-
DA-52101648-20210323134206739898