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: 88517771

Filing Date: 07/16/2019

To the Commissioner for Trademarks:

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

The applicant, COMMVAULT SYSTEMS, INC., a corporation of Delaware, having an address of
      1 COMMVAULT WAY
      TINTON FALLS, New Jersey 07724
      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:  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; computer software for use in data storage management and storage area networks; computer software for use in data communications; computer software for backing up and restoring computer data; computer software for use in disaster recovery; computer software for use in removable storage media management; computer software for use in the field of enterprise data and information management; computer software for use in searching enterprise data; computer software for generating reports from databases; computer software for replicating and archiving files from one data store to another; computer software for use in developing data analysis applications and data analysis computer software; computer software for monitoring, analyzing, reporting and solving performance and data availability issues of application software, databases, network, storage, computer hardware, and computer peripherals; computer software for data and storage management namely, to back-up, retrieve, recover, replicate, migrate, archive and manage resources; computer software for connecting to and use of a remote computer network, a remote computer and mobile devices; 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 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, 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
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 035:  Providing data center management
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 042:  Computer monitoring services which track software performance and processes, send out historical reports and alerts, and provide 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 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; Providing temporary use of online non-downloadable computer software for use in data backup, data protection, data replication, and 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, 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
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:
      Lynne E. Graybeal and Lindsay B. Allen, Britt L. Anderson, Craig A. Beaker, Stefan B. Blum, Craig C. Bradley, Jared H. Bryant, Ai-Tang I. Chang, L. Omar Cojulun, Sabrina J. Danielson, Colleen M. Ganin, Alexander J.A. Garcia, Daniel J. Glenn, Mark S. Goodrich, Patchen M. Haggerty, John P. Halski, Thomas L. Holt, Jason S. Howell, Kacey Kell, Lisa K. Koenig, Elizabeth A. Kristoferson, Kirstin E. Larson, Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa T. Oratz, Scott J. Palmer, Seth H. Reagan, Heidi L. Sachs, Grace Han Stanton, James L. Vana, Fabricio Vayra and Robert G. Woolston of Perkins Coie LLP
      Suite 4900
      1201 Third Avenue
      Seattle, Washington 98101
      United States
      206-359-8000(phone)
      260-359-9000(fax)
      pctrademarks@perkinscoie.com (authorized)
The attorney docket/reference number is 60692-4036.

The applicant's current Correspondence Information:

Lynne E. Graybeal

Perkins Coie LLP

Suite 4900       1201 Third Avenue

Seattle, Washington 98101

206-359-8000(phone)

260-359-9000(fax)

pctrademarks@perkinscoie.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 $825 has been submitted with the application, representing payment for 3 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: /Lynne E. Graybeal/   Date: 07/16/2019
Signatory's Name: Lynne E. Graybeal
Signatory's Position: Attorney, Perkins Coie LLP, Washington State Bar Member
Payment Sale Number: 88517771
Payment Accounting Date: 07/17/2019

Serial Number: 88517771
Internet Transmission Date: Tue Jul 16 20:54:00 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-201907162054003
53314-88517771-620f6ecff15a06946d232aff7
36c8bf1b5aca37adb5a6c4bf930b02731099f851
-CC-8374-20190716203422586497