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: 88347081

Filing Date: 03/19/2019

To the Commissioner for Trademarks:

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

The literal element of the mark consists of nodeware.
The color(s) blue, orange and white is/are claimed as a feature of the mark. The mark consists of the word "nodeware" in stylized font, with "node" in blue, and "ware" in orange, and two diagonal blue lines extending from the letter "o" in "node", one upward to the right, one downward to the right, respectively, both ending in blue outlined circles filled with white positioned above and below the letter "e" in "node".
The applicant, Infinite Group, Inc., a corporation of Delaware, having an address of
      175 Sully's Trail
      Pittsford, New York 14534
      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:  Data processing apparatus for computer network vulnerability monitoring and management; downloadable cloud-based software for identifying, testing and monitoring devices on a network for vulnerability monitoring and management

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/01/2016, and first used in commerce at least as early as 03/01/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Image of device demonstrating mark in use in connect with description of goods..
Specimen File1

       International Class 042:  Computer network and website security services, namely, providing temporary use of non-downloadable cloud-based software for identifying, testing and monitoring devices on a network for vulnerability monitoring and management; providing information in the field of computer network security vulnerability and risks

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 03/01/2016, and first used in commerce at least as early as 03/01/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Screenshot of mark in use in connection with the description of services.
Specimen File1



The applicant's current Attorney Information:
      David K. Hou and Jason W. Klimek of Boylan Code LLP      145 Culver Rd, Ste 100
      Rochester, New York 14620
      United States
      585-232-5300 x275(phone)
      585-238-3528(fax)
      dhou@boylancode.com (authorized)

The applicant's current Correspondence Information:

David K. Hou

Boylan Code LLP

145 Culver Rd, Ste 100

Rochester, New York 14620

585-232-5300 x275(phone)

585-238-3528(fax)

dhou@boylancode.com;jklimek@boylancode.com; dpost@boylancode.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: /David K. Hou/   Date: 03/19/2019
Signatory's Name: David K. Hou
Signatory's Position: Attorney of Record, New York bar member
Payment Sale Number: 88347081
Payment Accounting Date: 03/20/2019

Serial Number: 88347081
Internet Transmission Date: Tue Mar 19 17:29:23 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-201903191729231
34562-88347081-620c88422acc421349762287b
61bcaee1d728d47b8dd7c422894f05e103e3abc-
CC-4710-20190319172748254293