TEAS Plus New 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

TEAS Plus Application

Serial Number: 97829761

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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 035:  On-line retail store services featuring computer software of others for use in the field of building management; On-line retail store services featuring computer hardware of others for use in the field of building management; On-line retail store services featuring computer software for use in the field of building management
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 037:  Installation of HVAC systems; Installation of irrigation systems; Lighting apparatus installation
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 038:  Transmission and delivery of provisioning, activation/deactivation, data connectivity optimization/management, software, and cloud services data and commands to connected devices via the internet and local networks
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 042:  Design and development of software and hardware for digital twins, autonomous building platforms, sensor networks, and control systems; Design and development of software and hardware for automatic building commissioning services; Providing technology information in the field of autonomous platform operation and digital twin operation
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. (15 U.S.C. Section 1051(b)).



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 7340.3.22.
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 $1000 has been submitted with the application, representing payment for 4 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: 97829761
Payment Accounting Date: 03/08/2023

Serial Number: 97829761
Internet Transmission Date: Wed Mar 08 20:37:22 ET 2023
TEAS Stamp: USPTO/FTK-XXX.XXX.XXX.XXX-20230308203724
225546-97829761-860969dc02febde57ab74b9d
6a1f0c7d0c83548d22271d9cd166388e6b6f525d
8-CC-37228104-20230308203342021953