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: 88333559

Filing Date: 03/11/2019

To the Commissioner for Trademarks:

MARK: PROXIMITY (Standard Characters, see mark)
The literal element of the mark consists of PROXIMITY.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Data Center Enterprise, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      10 South Dearborn Street
      Chicago, Illinois 60603
      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 035:  Data management services, namely, data center services in the nature of management and processing of data; business management of data centers for others
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.

       International Class 037:  Construction and placement of modular data centers for use in delivering data services to customers and partners; consultation services in connection with the construction, optimization and energy consumption efficiency of modular data centers; installation services in the field of data center equipment and critical infrastructure used for airflow and temperature management, power distribution, and monitoring of alarm systems; Construction of green data centers for others; construction planning of commercial buildings, namely, green data centers; land development services, namely, planning and laying out of commercial buildings, namely, green data centers; consultation services in connection with the construction, optimization and energy consumption efficiency of green data centers; installation services in the field of data center equipment and critical infrastructure used for airflow and temperature management, power distribution, and monitoring of alarm systems
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.


The applicant's current Attorney Information:
      Lynn E. Rzonca and all of the firm of Ballard Spahr LLP
      Ballard Spahr LLP
      1735 Market Street, 51st Floor
      Philadelphia, Pennsylvania 19103-7599
      United States
      215-864-8109(phone)
      215.864.8999(fax)
      rzoncal@ballardspahr.com (authorized)
The attorney docket/reference number is 00209645.

The applicant's current Correspondence Information:

Lynn E. Rzonca

Ballard Spahr LLP       1735 Market Street, 51st Floor

Philadelphia, Pennsylvania 19103-7599

215-864-8109(phone)

215.864.8999(fax)

rzoncal@ballardspahr.com;phila_tmdocketing@ballardspahr.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 $550 has been submitted with the application, representing payment for 2 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: /Kevin D. Stepanuk/   Date: 03/11/2019
Signatory's Name: Kevin D. Stepanuk
Signatory's Position: Associate General Counsel
Payment Sale Number: 88333559
Payment Accounting Date: 03/11/2019

Serial Number: 88333559
Internet Transmission Date: Mon Mar 11 07:42:08 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20190311074208
499333-88333559-6204c5376b766ea98f1f4c23
c258c3ff9b1d45fcdbe21041fa3a6137e13debe0
-DA-8799-20190311074047781189