Amendment to Allege Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:
MARK: Miscellaneous Mark (Stylized and/or with Design, see http://uspto.report/TM/86441373/mark.png)
SERIAL NUMBER: 86441373



The applicant, BMC Software, Inc., having an address of
      2101 CityWest Boulevard
      Houston, Texas 77042
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Computer software and computer application software for mobile devices, desktop devices, and web applications for use in the field of general business processes, namely, as a help desk solution allowing a user to identify and resolve problems associated with the user's computer network; Computer software for use in maintaining a database of problems and solutions identified on a user's computer network; Computer software, namely, system management software focused on the provisioning, configuration, and change management of data center infrastructure; Computer software and programs for managing computer systems, databases, and applications, namely, providing data management, information technology process automation, application management, storage and performance optimization, and recovery of mainframe and distributed systems computers, and the databases, business applications, programs, and systems that operate therein; Computer software for computer systems and computer network management, namely, software for computer network monitoring and computer system diagnostics; Computer software and computer application software for mobile devices, desktop devices, and web applications, namely, software for managing, deploying, and removing software applications, maintaining software inventories, maintaining software license compliance, and managing application security on mobile devices, desktop devices, and cloud computing networks; Computer software and computer application software for mobile devices, desktop devices, and web applications, namely, software for use as a virtual concierge that provides awareness of and access to available services, content, and alerts; Computer software and computer application software for mobile devices, desktop devices, and web applications that provides a virtual help desk and self-help computer and software support services; Computer software and computer application software for mobile devices, desktop devices, and web applications that provides real-time, integrated service management of other computer software, information systems, computer hardware, computer networks, and information databases; Computer software and computer application software for mobile devices, desktop devices, and web applications that provides real-time alerts and updates for end-to-end performance management; Computer software and computer application software for mobile devices that provides access to applications and services through a mobile operating system and interface; Computer software and computer application software for desktop devices that provides access to applications and services through a desktop operating system and interface; Computer software and computer application software for web-based devices that provides access to applications and services through a web-based system and interface; Computer software and computer application software for mobile devices, desktop devices, and web applications that provides synchronization of applications and content across platforms and devices; Computer software and computer application software for mobile devices, desktop devices, and web applications that delivers user-specific information about usage, compliance, location, applications, devices, and location-aware services and resources; Computer software and computer application software for mobile devices, desktop devices, and web applications that delivers location-aware service, updates, and notifications; Computer software and computer application software for mobile devices, desktop devices, and web applications that provides appointment scheduling and appointment notifications; Computer software and computer application software for mobile devices, desktop devices, and web applications, to manage a concierge service; Computer software and computer application software for mobile devices, desktop devices, and web applications that provides secure access and storage of documents

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/06/2014, and first used in commerce at least as early as 10/06/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) a screen shot of Applicant's electronic distribution portal from which customers can download Applicant's software.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. Section 1051(c) or a statement of use under 15 U.S.C. Section 1051(d), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified, and such use by the applicant's related company or licensee inures to the benefit of the applicant; that to the best of the signatory's knowledge and belief, no other person has 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 person, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services in commerce.

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 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 that all statements made on information and belief are believed to be true.


Signature: /Irene Kosturakis/      Date Signed: 11/25/2014
Signatory's Name: Irene Kosturakis
Signatory's Position: Area Vice President - Intellectual Property
Signatory's Phone: 713-918-2233

RAM Sale Number: 86441373
RAM Accounting Date: 11/25/2014

Serial Number: 86441373
Internet Transmission Date: Tue Nov 25 10:04:05 EST 2014
TEAS Stamp: USPTO/AAU-XX.XXX.X.XXX-20141125100405020
546-86441373-500e0ba90b2d2832e5ebed1b26a
ff72571d9a21122a65695e935936dc11bcd243d-
CC-14812-20141120133615082755