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

---

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: 90623582

Filing Date: 04/05/2021

To the Commissioner for Trademarks:

MARK: HARBINGER (Standard Characters, see mark)
The literal element of the mark consists of HARBINGER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Factory OS, Inc., a corporation of Delaware, having an address of
      1245 Nimitz Ave., Building 680
      Vallejo, California 94592
      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 019:  Modular non-metal homes
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.

International Class 037:  Custom construction of homes; Construction of modular homes; Construction of modular building units; Construction services, namely, planning, laying out, consulting, and construction of residential communities and apartment complexes; Real estate development; Real estate development services in the field of residential communities and apartment complexes; Land development services; Land development services, namely, planning and laying out of residential communities and apartment complexes
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.



The owner's/holder's proposed attorney information: Nicole L. Grembocki. Other appointed attorneys are Matthew G. Minder, Ellen E. Whitehorn, Abby Cotton, Mark A. Paskar, Steven G. Trubac, David A. Roodman, Lindsay Schneider, J. Bennett Clark, Erik Wolff Kahn, Daniel A. Crowe, Marcy J. Bergman, Lucinda Althauser, George C. Chen, K. Lee Marshall, Emma Harty, Nick E. Williamson, Jill Chalmers, Katherine Keating, and other intellectual property attorneys from the law firm. Recognized Canadian attorney(s)/agent(s) is/are Nicole L. Grembocki, Ellen E. Whitehorn, Mark A. Paskar, Steven G. Trubac, David A. Roodman, Lindsay Schneider, J. BennettClark, Erik Wolff Kahn, Daniel A. Crowe, Marcy J. Bergman, Lucinda Althauser, George C. Chen, K.Lee Marshall, Emma Harty, Nick E. Williamson, Jill Chalmers, Katherine Keating, and otherintellectual property attorneys from the law firm. Nicole L. Grembocki of Bryan Cave Leighton Paisner 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
      211 North Broadway, Suite 3600
      St. Louis, Missouri 63102
      United States
      314-259-2000(phone)
      314-259-2020(fax)
      bcipdocketing@bclplaw.com
The docket/reference number is 1762132.2.
Nicole L. Grembocki 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:

Nicole L. Grembocki

PRIMARY EMAIL FOR CORRESPONDENCE: bcipdocketing@bclplaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nicole.grembocki@bclplaw.com; abby.cotton@bclplaw.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: /Kevin Brown/   Date: 04/05/2021
Signatory's Name: Kevin Brown
Signatory's Position: President
Signatory's Phone Number: 314-259-2000
Signature method: Sent to third party for signature
Payment Sale Number: 90623582
Payment Accounting Date: 04/05/2021

Serial Number: 90623582
Internet Transmission Date: Mon Apr 05 12:28:58 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20210405122858130
526-90623582-7707cf71fc9189bb7159bc5f4b7
99db01952410b6fde7aa6fb2aaea237512f27-DA
-28572489-20210405103925940540