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NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: Jan 14, 2020 |
U.S. Serial Number: 88517771
Mark: METALLIC
Docket/Reference Number: 60692-4036
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| No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of
a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration
certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline. |
| SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: |
| - |
An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the
application, if use basis was not specified originally); OR |
| - |
An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must
be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six
(36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA. |
How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many
legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.
If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199. |
| FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS
APPLICATION. |
REVIEW APPLICATION INFORMATION FOR ACCURACY |
| Serial Number: |
88517771
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| Mark: |
METALLIC
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| Docket/Reference Number: |
60692-4036
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| Owner: |
COMMVAULT SYSTEMS, INC.
1 COMMVAULT WAY
TINTON FALLS , NEW JERSEY 07724
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| Correspondence Address: |
LYNNE E. GRAYBEAL
PERKINS COIE LLP
1201 THIRD AVENUE
SUITE 4900
SEATTLE, WA 98101
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This application has the following bases, but not necessarily for all listed goods/services: |
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Section 1(a): NO |
Section 1(b): YES |
Section 44(e): NO |
| GOODS/SERVICES BY INTERNATIONAL CLASS |
| 009 - |
Downloadable and recorded computer software for information, document and data storage, back-up, and retrieval, namely, to access, retrieve, manage, and recover
data stored on magnetic disk, on tape, in the cloud, and by other forms of electronic storage of data; Downloadable and recorded computer software for use in data storage management and storage area
networks; Downloadable and recorded computer software for use in data communications; Downloadable and recorded computer software for backing up and restoring computer data; Downloadable and recorded
computer software for use in computer disaster recovery; Downloadable and recorded computer software for use in removable storage media management; Downloadable and recorded computer software for use
in the field of enterprise data and information management; Downloadable and recorded computer software for use in searching enterprise data; Downloadable and recorded computer software for
generating reports from databases; Downloadable and recorded computer software for replicating and archiving files from one data store to another; Downloadable and recorded computer software for use
in developing data analysis applications and data analysis computer software; Downloadable and recorded computer software for monitoring, analyzing, reporting and solving performance and data
availability issues of application software, databases, network, storage, computer hardware, and computer peripherals; Downloadable and recorded computer software for data and storage management
namely, to back-up, retrieve, recover, replicate, migrate, archive and manage resources; Downloadable and recorded computer software for connecting to and use of a remote computer network, a remote
computer and mobile devices; Downloadable and recorded computer software for cloud computing, data sharing, data security, and access, administration and management of computer applications and
computer hardware, and computer application distribution; downloadable computer software for use in data backup, data protection, data replication, and computer disaster recovery; downloadable
computer software for use in monitoring computer performance, computer configuration, and change management for physical, virtual , cloud, and hybrid computer environments; downloadable computer
software for data backup, data protection, data replication, computer disaster recovery and performance management in data centers, virtual machines, servers, and desktops; downloadable computer
software for use in automation and monitoring of physical and virtual computers -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 035 - |
Providing data center management in the nature of management of data processing services; Business management and administration of data centers -- FIRST USE
DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 042 - |
Computer monitoring services which tracks software performance and processes, sends out historical reports and alerts, and providing back-up computer programs and
facilities; integration of computer systems and networks; consulting services in the field of cloud computing; electronic data storage; temporary electronic storage of information and data; technical
support, namely, providing computer facilities for the electronic storage of digital data; providing a web-based system and online portal for others featuring technology that enables users to
download information about data management software in the nature of software documentation, company-produced informational material, and information regarding technical issues; technical consulting
services in the fields of datacenter architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and services; technical support services,
namely, remote and on-site infrastructure management services for monitoring, administration and management of public and private cloud computing IT and application systems; computer security
services, namely, enforcing, restricting and controlling access privileges of users of computing resources for cloud, mobile or network resources based on assigned credentials; Providing temporary
use of online non-downloadable computer software for use in data backup, data protection, data replication, and computer disaster recovery; providing temporary use of online non-downloadable computer
software for use in monitoring computer performance, computer configuration, and change management for physical, virtual, cloud, and hybrid computer environments; providing temporary use of online
non-downloadable computer software for data backup, data protection, data replication, computer disaster recovery and performance management in data centers, virtual machines, servers, desktops, and
virtualization performance management; providing temporary use of online non-downloadable computer software for use in automation and monitoring of physical and virtual computers; computer security
services, namely, enforcing, restricting and controlling access privileges of users of computing resources for cloud resources based on assigned credentials; Computer services, namely, integration of
private and public cloud computing environments; computer services, namely, cloud hosting provider services; Consulting services in the field of cloud computing technology ,
infrastructure-as-a-service (IAAS) cloud computing technology, software-as-a-service (SAAS) cloud computing technology, and platform-as-a-service (PAAS) cloud computing technology; Providing virtual
computer systems and virtual computer environments through cloud computing; application service provider (ASP), namely, hosting computer software applications of others; cloud computing featuring
software for use in creating web-based applications relating to data management, data storage and backup, database management, virtualization, networking, collaboration, remote access, remote
support, cloud computing , data sharing, data security, and access, administration and management of computer applications and computer hardware, and computer application distribution; computer
services, namely, creating cloud-based indexes of information for others using information technology; data center management services, namely, providing on-site management of information technology
systems of others, providing remote management of information technology systems of others, monitoring of computer systems by remote access to ensure proper functioning, and remote computer backup
services -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.
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| Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a
display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual
sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here. |
| Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the
USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed
in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its
cancellation. |
| Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations
and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199. |
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