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

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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: 97291691

Filing Date: 03/02/2022

To the Commissioner for Trademarks:

MARK: HELIX (Standard Characters, see mark)
The literal element of the mark consists of HELIX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Octagon I/O LTD., a private limited company legally organized under the laws of United Kingdom, having an address of
      5 Deansway
      Worcester WR12JG
      United Kingdom
      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:  Apparatus and instruments for researching, surveying, weighing, measuring, signalling, detecting, testing and inspecting the physical and environment parameters of construction materials, machinery, tools, equipment, assets and people; Wireless sensors; Wireless sensor network; Humidity and temperature sensors; Pressure sensors; Vibration sensors; Movement and displacement sensors; Strain gauges and load cells; Structural sensors; Geotechnical sensors; Apparatus and instruments including wireless sensors and wireless sensor network for measuring, monitoring, signalling, detecting, testing, tracking and recording the strength, temperature, humidity, pressure, vibration, movement, corrosion, location and other physical and environmental parameters of construction materials, machinery, tools, equipment, assets and people; Apparatus and instruments for recording, transmitting, reproducing or processing data relating to the strength, temperature, humidity, pressure, vibration, movement, corrosion, location and other physical or environmental parameters of construction materials, machinery, tools, equipment, assets and people; Computer hardware; Computer software; Recorded and downloadable software; Computer software applications; Computer hardware and software and computer software applications used in construction and structural and civil engineering; Computer software for wireless interrogation of sensors; Electrical and electronic apparatus for logging data; Computer hardware and software contained within wireless sensors for measuring, monitoring, signalling, detecting, testing, tracking, recording and predicting the strength, temperature, humidity, pressure, vibration, movement, corrosion, location and other physical and environmental parameters of construction materials, machinery, tools, equipment, assets, people and processes; Computer hardware and software including a microcontroller unit for reading, receiving, analysing, configuring, processing, organising, data logging, interfacing, and transmitting data from a wireless sensor or wireless sensor network; Computer software system that makes use of data obtained via wireless sensors to optimise costs, efficiency, productivity, safety, performance, waste and sustainability, planning, scheduling, logistics, design, delivery, construction, performance and operation of buildings and infrastructure, construction materials, machinery, tools, equipment, assets, people and processes; Computer software that makes use of and integrates building information modelling (BIM), enterprise resource planning (ERP) systems, construction schedules, cost data, sustainability data, performance analytics and recorded and real-time data and information on the physical and environmental parameters of buildings and infrastructure, construction materials, machinery, tools, equipment, assets, people and processes; Computer software for use in automating and managing processes for planning, scheduling, logistics, design, construction, performance and operation of buildings and infrastructure including foundations, substructures, superstructures and other types of infrastructure including bridges, roads, rail, and tunnelling; Artificial intelligence and machine learning software for predicting physical and environmental parameters of construction materials, machinery, tools, equipment, assets, people and processes; Artificial intelligence and machine learning software for measuring, monitoring, optimising, predicting and simulating the planning, scheduling, logistics, design, delivery, construction and operation of buildings and infrastructure including but not limited to gathering data on the performance of construction materials, logistics processes, environmental conditions and assets; Scheduling software; Logistics software; Electronic tracking and positioning apparatus and instruments; Electronic tracking and positioning systems for use in tracking, monitoring and managing construction materials, machinery, tools, equipment, assets and people; GPS tracking and location devices; Software (downloadable) for use in tracking and managing construction materials, machinery, tools, equipment, assets and people; artificial intelligence and machine learning software; platform software; computer software platforms; embedded analytics software; analytics software; business intelligence software; software for real-time analysis of data relating to buildings and infrastructure, construction materials, machinery, tools, equipment, assets, people and processes; computer software that provides real-time, integrated business management intelligence; computer software that incorporates real-time reporting, interactive data visualization, and advanced analytics into an enterprise business application
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 United Kingdom application number UK00003690065, filed 09/03/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 037:  Construction services; Research, consultancy, advice and information concerning the planning, scheduling, design, delivery, construction, performance and operation of buildings and infrastructure including but not limited to foundations, substructures, superstructures and other types of infrastructure including bridges, roads, rail and tunnelling; Research, consultancy, advice and information concerning optimising costs, efficiency, productivity, safety, waste and sustainability of the construction of buildings and infrastructure; Research, consultancy, advice and information concerning the optimisation, logistics and performance of construction materials, machinery, tools and equipment; Research, consultancy, advice and information concerning the strength, temperature, humidity, pressure, vibration, movement, corrosion, location and other physical and environmental parameters of construction materials, machinery, tools and equipment; Compilation, processing, reviewing, assessing and advising on data acquired from wireless sensors concerning the strength, temperature, humidity, pressure, vibration, movement, corrosion, location and other physical or environmental parameters of construction materials, machinery, tools, equipment
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 United Kingdom application number UK00003690065, filed 09/03/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Software as a service (SaaS) services; Platform as a service (PaaS) services; Industrial analysis, research and design services; Technological services and research and design relating thereto including in the field of construction and structural and civil engineering; Design and development of computer software for logistics and supply chain management; Providing online non-downloadable software for use in construction and structural and civil engineering; Providing online non-downloadable software for wireless interrogation of sensors; Providing online non-downloadable computer software for measuring, monitoring, signalling, detecting, testing, tracking and recording the physical and environmental parameters and performance of construction materials, machinery, tools, equipment, assets and people; Providing online non-downloadable software for recording, transmitting, reproducing or processing data relating to strength, temperature, humidity, pressure, vibration, movement, corrosion, location and other physical or environmental parameters of construction materials, machinery, tools, equipment, assets and people; Providing online non-downloadable software for reading, receiving, configuring, processing, organising, data logging, interfacing, and transmitting data from a wireless sensor or wireless sensor network; Providing online non-downloadable software that makes use of data obtained via wireless sensors to measure, monitor, test, track, predict and optimise cost, efficiency, productivity, safety, waste and sustainability of planning, scheduling, design, construction, and operation of buildings and infrastructure, construction materials, machinery, tools, equipment, assets, people and processes; Providing online non-downloadable software that makes use of and integrates building information modelling (BIM), enterprise resource planning (ERP) systems, construction schedules, cost data, sustainability data, performance analytics and recorded and real-time data and information on the physical and environmental conditions of buildings and infrastructure, construction materials, machinery, tools, equipment, assets, people and processes; Providing online non-downloadable software for use in automating and managing processes for planning, scheduling, logistics, designing, construction, performance and operation of buildings and infrastructure including foundations, substructures, superstructures and other types of infrastructure including bridges, roads, rail, and tunnelling; Analysis services in relation to data and information on the physical and environmental conditions and performance analytics of construction materials, machinery, tools, equipment, assets and people; Analysis services in relation to data and information concerning cost, efficiency, productivity, safety, performance, waste and sustainability in the planning, scheduling, design, construction, and operation of buildings and infrastructure, construction materials, machinery, tools, equipment, assets, people and processes; Technical consultancy (engineering) and technical support (engineering) for carrying out building work; design of software for embedded devices; analytical services relating to computers and computer programs; platforms for artificial intelligence as software as a services (SaaS); analytical services relating to buildings and infrastructure, construction materials, machinery, tools, equipment, assets, people and processes; technical data analysis services; computer services for the analysis of data; providing online non-downloadable software for use with third-party software applications; hosting a computer software platform for use with third-party software applications
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 United Kingdom application number UK00003690065, filed 09/03/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Mark A. Paskar. Other appointed attorneys are Matthew G. Minder, Daniel A. Crowe, Nicole L. Wurm, Ellen E. Whitehorn, Michael R. Rowan, Steve Trubac, Lucinda A. Althauser, Emma Harty, Nick E. Williamson, and other intellectual property attorneys from the law firm. Mark A. Paskar 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
      312-602-5165(phone)
      314-259-2020(fax)
      bcipdocketing@bclplaw.com
The docket/reference number is 1070784.10.
Mark A. Paskar 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:

Mark A. Paskar

PRIMARY EMAIL FOR CORRESPONDENCE: bcipdocketing@bclplaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Mark A. Paskar/   Date: 03/02/2022
Signatory's Name: Mark A. Paskar
Signatory's Position: Attorney of Record, IL bar member
Signatory's Phone Number: 312-602-5165
Signature method: Sent to third party for signature
Payment Sale Number: 97291691
Payment Accounting Date: 03/02/2022

Serial Number: 97291691
Internet Transmission Date: Wed Mar 02 15:01:39 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20220302150139939
453-97291691-8206a4d1dd794e7adf5d9a44fb8
436a3342de2da2b62c1ad648ada6ff63ad9849d-
DA-01394195-20220302144336156084