Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97239108

Filing Date: 01/26/2022

To the Commissioner for Trademarks:

MARK: Plug (stylized and/or with design, see mark)
The literal element of the mark consists of Plug. The applicant is not claiming color as a feature of the mark. The mark consists of stylized letters "PLUG".
The applicant, Plug Power Inc., a corporation of Delaware, having an address of
      968 Albany Shaker Road
      Latham, New York 12110
      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 001:  Hydrogen
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 009:  Fuel cell systems, namely, fuel cell stacks, fuel processors, fuel reformers, power controllers, power inverters, power conditioners, and energy storage devices, namely, batteries
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 011:  Hydrogen-generation equipment and components, namely, hydrogen generators, electrolyzers; liquifiers
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 035:  Inventory management in the field of hydrogen fueling infrastructure and systems, namely, outdoor fuel storage structures, fueling structures, compressor systems namely, outdoor fuel storage structures, fueling structures, compressor systems, namely, fuel tanks, cryogenic tanks; compressors, fuel conduits, fuel pumps, sensors, campus piping, fueling control systems and outdoor fueling infrastructure
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:  Construction services for hydrogen fueling infrastructure and systems, namely, outdoor fuel storage structures, compressor systems, namely, outdoor fuel storage structures, fueling structures, compressor systems, namely, fuel tanks, compressors, fuel conduits, fuel pumps, sensors, campus piping, fueling control systems and outdoor fueling infrastructure; providing onsite preventative maintenance for hydrogen fuel cells and hydrogen fueling infrastructure and systems namely, outdoor fuel storage structures, fueling structures, compressor systems, namely, outdoor fuel storage structures, fueling structures, compressor systems, namely, fuel tanks, compressors, fuel conduits, fuel pumps, sensors, campus piping, fueling control systems and outdoor fueling infrastructure
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 042:  Design and planning of hydrogen fueling infrastructures in the nature of structures and buildings
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2362565, 2729568, and 2729567.

Miscellaneous Statement
The applicant claims ownership of active prior U.S. Registration Number(s) 5094895 and 5094896


The owner's/holder's proposed attorney information: Victor Cardona. Other appointed attorneys are Applicant hereby appoints all practitioners associated with Customer No. 23405 to prosecute this application and transact all business in the U.S. Patent and Trademark Office connected therewith.. Victor Cardona of Heslin Rothenberg Farley & Mesiti 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
      5 Columbia Circle
      Albany, New York 12203
      United States
      518-452-5600(phone)
      dock@hrfmlaw.com
The docket/reference number is 1404.335.
Victor Cardona 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:

Victor Cardona

PRIMARY EMAIL FOR CORRESPONDENCE: dock@hrfmlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Victor.Cardona@hrfmlaw.com; Sandy.OBrien@hrfmlaw.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 $2100 has been submitted with the application, representing payment for 6 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: /Victor Cardona/   Date: 01/26/2022
Signatory's Name: Victor Cardona
Signatory's Position: Attorney, New York Bar member
Signatory's Phone Number: 518-452-5600
Signature method: Sent to third party for signature
Payment Sale Number: 97239108
Payment Accounting Date: 01/26/2022

Serial Number: 97239108
Internet Transmission Date: Wed Jan 26 12:25:37 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2022012612253785
5255-97239108-8106519efbeb86e2ec3de64e3b
6aa0d03bcbcb6affb34edb27dc62a4557250-DA-
25372072-20220126114014902562