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: CYCLECLOUD(Standard Characters, see http://uspto.report/TM/88126036/mark.png)
SERIAL NUMBER: 88126036



The applicant, Microsoft Corporation, having an address of
      One Microsoft Way
      Redmond, Washington 98052-6399
      United States
is submitting the following allegation of use information:

For International Class 009:
Current identification: Software for creating and managing cloud, high performance computing, cluster or grid computing resources, hybrid operating system environment and computing networks; Software interface for accessing cloud, high performance computing, cluster or grid computing resources, hybrid operating system environment and computing networks for workload management by administrators, managers and end-users; Software for policy-based governance, workload scheduling, resource and energy monitoring, control, management and provisioning by administrators, managers, and end users in the nature of automated allocation of computing resources, analysis of computing resource availability and status information, installation of software and provisioning operating system changes, power management, software upgrades management, accounting and usage management for reporting and billing, third-party application integration management, workload policy management, and job scheduling for both batch and interactive jobs across cloud, high-performance computing, cluster or grid computing resources, hybrid operating system environments, and computing networks; Software for governance, monitoring, managing, profiling, and indicating available computing and associated resources, namely, for intelligent automation and management of multiple resources, scheduling, operating system provisioning, power management, and computing resource policy implementation that enables administrators, managers, and end users to automate, control, and utilize multiple computing resources across cloud, high-performance computing, cluster or grid computing resources, hybrid operating system environments and computing networks; Software for statistical diagnostic and performance monitoring, namely, analysis of utilization of computing resources, analysis of efficiency of use of computer resources, analysis of optimization of computing resources, analysis of fair sharing of computing resources, analysis of load balancing of computer systems, analysis of hybrid operating system environments, and analysis of power consumption in compute environments by organizations, entities, individuals, classifications of quality of service, queues, and computing nodes; Software for providing a quality of service for submitted jobs and for scheduling guarantees and job reservations for users, groups, classes, accounts, and levels of quality of service; Software for command-line and graphical resource and workload simulation, including simulation of simultaneous instances to explore the effects of configurations and policies on clusters, grids, high-performance computing environments, and computing networks; Software for dynamic command-line and graphical management of computing resources, namely, management of software licenses within a single computer administrative domain or across multiple heterogeneous computer administrative domains, hybrid operating system environments, file spaces, network-attached storage media, tape drives, processors, memory, disks, network bandwidth, and other hardware resources; Software for interface with and collection of end-user commands for job, queue, operating system, power consumption, and system management, for internal diagnostic and logging facilities, and for integration of provisioning managers, billing systems, identity and security managers and databases, and translation of resource manager job submissions; Software for peer-to-peer collaboration of multiple instances to provide domain-specific policies and to provide native resource management support

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 08/01/2018, and first used in commerce at least as early as 08/29/2018, 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) screen shots from Applicant's web page that are a display associated with the goods, or provide information about the goods, installation of the goods, and a means for downloading the goods, all showing use of the mark with the goods.

Original PDF file:
SPN0-64124123162-20191216124007650066_._Specimen_1_-_CYCLECLOUD_Cl._9.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN0-64124123162-20191216124007650066_._Specimen_2_-_CYCLECLOUD_Cl_9.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-64124123162-20191216124007650066_._Specimen_3_-_CYCLECLOUD_Cl._9.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


For International Class 042:
Current identification: Software as a Service (SaaS) services featuring software for creating and managing cloud, high performance computing, cluster or grid computing resources, hybrid operating system environment and computing networks; Software as a Service (SaaS) services featuring software interface for accessing cloud, high performance computing, cluster or grid computing resources, hybrid operating system environment and computing networks for workload management by administrators, managers and end-users; Software as a Service (SaaS) services featuring software for policy-based governance, workload scheduling, resource and energy monitoring, control, management and provisioning by administrators, managers, and end users in the nature of automated allocation of computing resources, analysis of computing resource availability and status information, installation of software and provisioning operating system changes, power management, software upgrades management, accounting and usage management for reporting and billing, third-party application integration management, workload policy management, and job scheduling for both batch and interactive jobs across cloud, high-performance computing, cluster or grid computing resources, hybrid operating system environments, and computing networks; Software as a Service (SaaS) services featuring software for governance, monitoring, managing, profiling, and indicating available computing and associated resources, namely, for intelligent automation and management of multiple resources, scheduling, operating system provisioning, power management, and computing resource policy implementation that enables administrators, managers, and end users to automate, control, and utilize multiple computing resources across cloud, high-performance computing, cluster or grid computing resources, hybrid operating system environments and computing networks; Software as a Service (SaaS) services featuring software for statistical diagnostic and performance monitoring, namely, analysis of utilization of computing resources, analysis of efficiency of use of computer resources, analysis of optimization of computing resources, analysis of fair sharing of computing resources, analysis of load balancing of computer systems, analysis of hybrid operating system environments, and analysis of power consumption in compute environments by organizations, entities, individuals, classifications of quality of service, queues, and computing nodes; Software as a Service (SaaS) services featuring software for providing a quality of service for submitted jobs and for scheduling guarantees and job reservations for users, groups, classes, accounts, and levels of quality of service; Software as a Service (SaaS) services featuring software for command-line and graphical resource and workload simulation, including simulation of simultaneous instances to explore the effects of configurations and policies on clusters, grids, high-performance computing environments, and computing networks; Software as a Service (SaaS) services featuring software for dynamic command-line and graphical management of computing resources, namely, management of software licenses within a single computer administrative domain or across multiple heterogeneous computer administrative domains, hybrid operating system environments, file spaces, network-attached storage media, tape drives, processors, memory, disks, network bandwidth, and other hardware resources; Software as a Service (SaaS) services featuring software for interface with and collection of end-user commands for job, queue, operating system, power consumption, and system management, for internal diagnostic and logging facilities, and for integration of provisioning managers, billing systems, identity and security managers and databases, and translation of resource manager job submissions; Software as a Service (SaaS) services featuring software for peer-to-peer collaboration of multiple instances to provide domain-specific policies and to provide native resource management support

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 08/01/2018, and first used in commerce at least as early as 08/29/2018, 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) screen shots from Applicant's web page showing use of the mark with the services.

Original PDF file:
SPN1-64124123162-20191216124007650066_._Specimen_1_-_CYCLECLOUD_Cl._42.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN1-64124123162-20191216124007650066_._Specimen_2_-_CYCLECLOUD_Cl._42.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Matthew E. Moersfelder. Matthew E. Moersfelder of Davis Wright Tremaine LLP, is located at

      920 Fifth Avenue, Suite 3300
      Seattle, Washington 98104
      United States
The docket/reference number is 25936-T1280.

The phone number is 206-757-8014.

The fax number is 206-757-7014.

The email address is mstm@dwt.com

The applicants proposed attorney information: Matthew E. Moersfelder. Other appointed attorneys are Jeffrey A. Nelson, Lauren M. Schulz. Matthew E. Moersfelder of Davis Wright Tremaine LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      920 Fifth Avenue, Suite 3300
      Seattle, Washington 98104
      United States
The docket/reference number is 25936-T1280.

The phone number is 206-757-8014.

The fax number is 206-757-7014.

The email address is mstm@dwt.com

Matthew E. Moersfelder 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: Matthew E. Moersfelder. Matthew E. Moersfelder of Davis Wright Tremaine LLP, is located at

      920 Fifth Avenue, Suite 3300
      Seattle, Washington 98104
      United States
The docket/reference number is 25936-T1280.

The phone number is 206-757-8014.

The fax number is 206-757-7014.

The email address is mstm@dwt.com

The applicants proposed correspondence information: Matthew E. Moersfelder. Matthew E. Moersfelder of Davis Wright Tremaine LLP, is located at

      920 Fifth Avenue, Suite 3300
      Seattle, Washington 98104
      United States
The docket/reference number is 25936-T1280.

The phone number is 206-757-8014.

The fax number is 206-757-7014.

The email address is mstm@dwt.com; Docket-MSTM@dwt.com; brendanixdorf@dwt.com; maryhadley@dwt.com

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.


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: /Lauren M. Schulz/      Date Signed: 12/16/2019
Signatory's Name: Lauren M. Schulz
Signatory's Position: Attorney of Record
Signatory's Phone: 206-757-8297

Mailing Address:
   Davis Wright Tremaine LLP
   
   920 Fifth Avenue, Suite 3300
   Seattle, Washington 98104

RAM Sale Number: 88126036
RAM Accounting Date: 12/16/2019

Serial Number: 88126036
Internet Transmission Date: Mon Dec 16 17:04:52 EST 2019
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-201912161704526
62714-88126036-70019a6db7acb808f7b7be9b1
7c5d6f28767e31357448d496d151187659ba694-
DA-04522117-20191216124007650066