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: 97690401

Filing Date: 11/23/2022

To the Commissioner for Trademarks:

MARK: ACUMEN (Standard Characters, see mark)
The literal element of the mark consists of ACUMEN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Cummins Inc., a corporation of Indiana, having an address of
      500 Jackson Street
      Columbus, Indiana 47201
      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:  Recorded computer software, computer hardware and downloadable mobile applications for use in connection with engines and equipment for land, marine, mining, oil and gas, rail, power generation, construction and agriculture, namely, recorded computer software, computer hardware and downloadable mobile applications for performing engine diagnostics and predictive prognostics and maintenance, filtration diagnostics and predictive prognostics and maintenance, and for providing expert repair recommendations, diagnostics, prognostics, prognostic service scheduling, troubleshooting, fault alerts and performance and trend monitoring; Telematics apparatus, namely, wireless Internet devices which provide telematic services and have a cellular phone function
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:  Providing on-line non-downloadable computer programs and web-based applications for use in connection with engines and equipment for land, marine, mining, oil and gas, rail, power generation, construction and agriculture, namely, computer software and mobile applications for performing engine diagnostics and predictive prognostics and maintenance, filtration diagnostics and predictive prognostics and maintenance, and for providing expert repair recommendations, diagnostics, prognostics, prognostic service scheduling, troubleshooting, fault alerts and performance and trend monitoring; Maintenance of computer software; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Vehicle telematic services, namely, providing automotive diagnostic services featuring engine diagnostic information relating to the functionality of land, marine, mining, oil and gas, rail, construction and agriculture vehicles
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: Kristine M. Young. Other appointed attorneys are Charles E. Harris II, Michael D. Adams, Richard M. Assmus, William R. Siegel, Madelaine M. Thomas, Luiz Miranda. Kristine M. Young of Mayer Brown 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
      P.O. Box 2828
      Chicago, Illinois 60690-2828
      United States
      312-701-8637(phone)
      ipdocket@mayerbrown.com

Kristine M. Young 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:

Kristine M. Young

PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@mayerbrown.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wsiegel@mayerbrown.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: /william r siegel/   Date: 11/23/2022
Signatory's Name: William R. Siegel
Signatory's Position: Attorney of Record, Mayer Brown LLP, Illinois Bar member
Signatory's Phone Number: 312-701-8637
Signature method: Signed directly within the form
Payment Sale Number: 97690401
Payment Accounting Date: 11/23/2022

Serial Number: 97690401
Internet Transmission Date: Wed Nov 23 15:35:06 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.X.X-2022112315350708416
7-97690401-820ae548e6be43db53f9bc9aae8a8
53a43032e9146289bbf13c9c73eee46760-DA-35
063446-20221123152422550279