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: 97829751

Filing Date: 03/08/2023

To the Commissioner for Trademarks:

MARK: HIVE (Standard Characters, see mark)
The literal element of the mark consists of HIVE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, PASSIVELOGIC, INC., a corporation of Utah, having an address of
      Ste 300
      6405 S 3000 E
      Holladay, Utah 84121
      United States
      801-994-4646(phone)
      801-531-1929(fax)
      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:  Computer hardware and recorded software systems for controlling building heating, ventilation, and air-conditioning systems; Computer hardware and recorded software systems for controlling building environment, access, and security systems; Computer hardware and recorded software systems for controlling lighting systems; Computer hardware and recorded software systems for controlling lawn, garden, and agricultural irrigation systems; Computer hardware and recorded software systems for controlling oil and gas processing systems; Computer hardware and recorded software systems for controlling power generation and electrical distribution systems; Computer hardware and recorded software systems for controlling factory manufacturing processes; Computer hardware and recorded software systems for controlling and monitoring building environmental systems, namely, heating, cooling, ventilation, lighting, energy use, humidity, or air quality; Computer hardware and recorded software systems for providing a generalized platform for systems control; Computer hardware and recorded software systems for providing a platform for autonomous systems control; Computer hardware and recorded software systems for creating, configuring, or programming autonomous controls systems; Computer hardware and recorded software systems for running a digital twin based simulation; Computer hardware and recorded software systems for creating a digital twin; Computer hardware and recorded software systems for artificial intelligence based control of building systems; Computer hardware and recorded software systems for physics based artificial intelligence to model and predict system behavior; Computer hardware and recorded software systems for generating two-dimensional and three-dimensional building plans; Computer hardware and recorded software systems for generating building commissioning plans; Computer hardware and recorded software systems for commissioning buildings; Computer hardware and recorded software systems for generating artificial intelligence platforms; Computer hardware and recorded software systems for analytics, alerts, alarms, visualization, and portfolio management for autonomous buildings; Computer software platforms, recorded, for managing building systems; Downloadable software for generating two-dimensional and three-dimensional building plans; Downloadable software for commissioning buildings; Downloadable facilities management software to control building environment, access and security systems; Climate control systems consisting of digital thermostats, air conditioning, heating, ventilation and drying control devices; Electric control devices for heating and energy management; Electric control devices for building environmental systems; Electronic control circuits for building environmental systems; Electric or electronic sensors for detecting environment conditions, namely, air temperature, radiant temperature, atmospheric pressure, occupancy, indoor air quality, CO2 concentration, or light intensity; Home, office, and commercial automation systems comprised of computer hardware, wireless and wired controllers, and downloadable software for automating lighting, HVAC, security, safety and other home and office monitoring and control applications; Home, office, and commercial electrical power automation systems comprised of computer hardware, wireless and wired controllers, and downloadable software for automating appliances, lighting, HVAC, security and other home and office electrical power monitoring and control applications; Module pluggable electronic interfaces for computers; modular electronic interface equipment with line testing, namely, electrical controller boxes; modular electronic interface equipment with voltage monitoring, namely, electrical controller boxes; modular electronic interface equipment with current monitoring, namely, electrical controller boxes; modular electronic interface equipment with power monitoring, namely, electrical controller boxes; modular electronic interface equipment for use in control panels, namely, electrical controller boxes; electronic control box integrated circuit modules with line testing; electronic control box integrated circuit modules with voltage monitoring; electronic control box integrated circuit modules with current monitoring; electronic control box integrated circuit modules with power monitoring; plug and play devices to enable users to customize electrical control boxes, namely, terminal wiring integrated circuit modules
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: ROBERT R. GEMPELER. Other appointed attorneys are Brian C. Kunzler, Bruce R. Needham, Bryan J. Massey, Michael Bartholomew, Scott C. Hilton. ROBERT R. GEMPELER of Kunzler Bean & Adamson, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      50 W Broadway, Ste. 1000
      Salt Lake City, Utah 84101
      United States
      801-994-4646(phone)
      801-531-1929(fax)
      docket@kba.law
The docket/reference number is 7340.3.21.
ROBERT R. GEMPELER 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:

ROBERT R. GEMPELER

PRIMARY EMAIL FOR CORRESPONDENCE: docket@kba.law        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rgempeler@kba.law 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 $350 has been submitted with the application, representing payment for 1 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: /Robert R. Gempeler/   Date: 03/08/2023
Signatory's Name: Robert R. Gempeler
Signatory's Position: Attorney of Record, Utah Bar Member
Signatory's Phone Number: 801-994-4646
Signature method: Signed directly within the form
Payment Sale Number: 97829751
Payment Accounting Date: 03/08/2023

Serial Number: 97829751
Internet Transmission Date: Wed Mar 08 20:32:17 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20230308203219
414713-97829751-860373a4261b1a142f6c5dff
952cb27f9aa66e69fecaf823585c5d6e84e3489d
90-CC-32188005-20230308202939003999