TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88091229

Filing Date: 08/24/2018

To the Commissioner for Trademarks:

MARK: SILVERBACK (stylized and/or with design, see mark)

The literal element of the mark consists of SILVERBACK.
The applicant is not claiming color as a feature of the mark. The mark consists of the wording "SILVERBACK" in stylized font and with a horizontal wavy line striking through the wording. The character "R" appearing in "SILVERBACK" depicts the profile of a gorilla.
The applicant, DataFirst Corporation, a corporation of North Carolina, having an address of
      2619 St. Marys St
      5124 Departure Drive
      Raleigh, North Carolina 27616
      United States
      919-821-6734(phone)
      919-821-6800(fax)
      XXXX (not authorized)

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:  Downloadable computer software that provides for migration of healthcare images from a medical storage device in the nature of a source archive to a replacement medical storage device in the nature of a target archive
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5018344.

The applicant's current Attorney Information:
      Blake Fricks and Eva Frongello of Smith Anderson Blount
      2619 St. Marys St
      2500 Fayetteville Street
      Raleigh, North Carolina 27609
      United States
      919-821-6734(phone)
      9198216800(fax)
      bfricks@smithlaw.com (authorized)

The applicant's current Correspondence Information:

Blake Fricks

Smith Anderson Blount

2619 St. Marys St       2500 Fayetteville Street

Raleigh, North Carolina 27609

919-821-6734(phone)

9198216800(fax)

bfricks@smithlaw.com;efrongello@smithlaw.com; pgibson@smithlaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 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 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 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 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: /Beau Jones/   Date: 08/24/2018
Signatory's Name: Beau Jones
Signatory's Position: Vice President
Payment Sale Number: 88091229
Payment Accounting Date: 08/24/2018

Serial Number: 88091229
Internet Transmission Date: Fri Aug 24 09:42:34 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20180824094234909
767-88091229-610e08b3d76d6e517318b252cb4
a6d66c47d66cebb1ef634ebe0c4ae7c1b42c8f5-
CC-11975-20180824093214063496