Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: SILVERBACK (Stylized and/or with Design, see http://uspto.report/TM/88091229/mark.png)
SERIAL NUMBER: 88091229



The applicant, DataFirst Corporation, having an address of
      2619 St. Marys St
      5124 Departure Drive
      Raleigh, North Carolina 27616
      United States
      919-821-6734
      919-821-6800
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 009:
Current identification: 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

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 09/30/2016, and first used in commerce at least as early as 09/30/2016, 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) The specimen consists of a page from one of client's customer-facing brochures depicting use of the applied-for mark in connection with describing, promoting, and marketing the recited goods..

Original PDF file:
SPN0-16220313481-20190918213413965270_._SILVERBACK___Design_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Blake Fricks. Blake Fricks of SMITH ANDERSON BLOUNT, is located at

      2619 ST. MARYS ST
      2500 FAYETTEVILLE STREET
      RALEIGH, North Carolina 27609
      United States

The phone number is 919-821-6734.

The fax number is 9198216800.

The email address is bfricks@smithlaw.com

The applicants proposed attorney information: Blake Fricks. Other appointed attorneys are Eva Gullick Frongello; T. Robert Rehm, Jr.. Blake Fricks of SMITH ANDERSON BLOUNT, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      150 Fayetteville Street
      150 Fayetteville Street, Suite 2300
      RALEIGH, North Carolina 27609
      United States
The docket/reference number is 10937.1.

The phone number is 919-821-1220.

The fax number is 9198216800.

The email address is efrongello@smithlaw.com

Blake Fricks 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: BLAKE FRICKS. BLAKE FRICKS of SMITH ANDERSON BLOUNT, is located at

      2619 ST. MARYS ST
      2500 FAYETTEVILLE STREET
      RALEIGH, North Carolina 27609
      United States

The phone number is 919-821-6734.

The fax number is 9198216800.

The email address is bfricks@smithlaw.com

The applicants proposed correspondence information: BLAKE FRICKS. BLAKE FRICKS of SMITH ANDERSON BLOUNT, is located at

      150 Fayetteville Street
      150 Fayetteville Street, Suite 2300
      RALEIGH, North Carolina 27609
      United States
The docket/reference number is 10937.1.

The phone number is 919-821-1220.

The fax number is 9198216800.

The email address is efrongello@smithlaw.com; trademarks@smithlaw.com; rrehm@smithlaw.com

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

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization 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.

Signature: /trr/      Date Signed: 09/18/2019
Signatory's Name: T. Robert Rehm, Jr.
Signatory's Position: Attorney at Smith Anderson, licensed by North Carolina State Bar
Signatory's Phone: 919-271-9733

Mailing Address:
   SMITH ANDERSON BLOUNT
   150 Fayetteville Street
   150 Fayetteville Street, Suite 2300
   RALEIGH, North Carolina 27609

RAM Sale Number: 88091229
RAM Accounting Date: 09/18/2019

Serial Number: 88091229
Internet Transmission Date: Wed Sep 18 21:52:42 EDT 2019
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-201909182152424
69156-88091229-6101b54acdd3ffc6247e531c6
038b66d65feaeaf6c5586656ad6f368e7e31ef4f
-DA-52422742-20190918213413965270