Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86441373

Filing Date: 10/31/2014

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark)
The color(s) orange is/are claimed as a feature of the mark. The mark consists of a stylized double helix in orange.
The applicant, BMC Software, Inc., a corporation of Delaware, having an address of
      2101 CityWest Boulevard
      Houston, Texas 77042
      United States


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 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
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).



The applicant's current Attorney Information:
      Nathan C. Belzer
      2905 Bull Street
      Savannah, Georgia 31405
      United States
The attorney docket/reference number is 60009-1(US135).

The applicant's current Correspondence Information:

Nathan C. Belzer

2905 Bull Street

Savannah, Georgia 31405

912-236-3001(phone)

912-236-3003(fax)

nbelzer@belzerlaw.com (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), 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 the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application. The signatory believes 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. 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 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: /Irene Kosturakis/   Date: 10/31/2014
Signatory's Name: Irene Kosturakis
Signatory's Position: Area Vice President - Intellectual Property
RAM Sale Number: 86441373
RAM Accounting Date: 11/03/2014

Serial Number: 86441373
Internet Transmission Date: Fri Oct 31 15:13:33 EDT 2014
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2014103115133376
4036-86441373-500dc6bf22e9394c5b2d365154
0a5144f1cd9a33407032981055a58d8cafdd25-C
C-1666-20141030145848769152