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: 88709114

Filing Date: 11/27/2019

To the Commissioner for Trademarks:

MARK: webMethods.io (Standard Characters, see mark)
The literal element of the mark consists of webMethods.io. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Software AG USA, Inc., a corporation of Delaware, having an address of
      Suite 700
      11700 Plaza America Drive
      Reston, Virginia 20190
      United States
      703-621-7140(phone)
      703-621-7155(fax)
      mailroom@mg-ip.com

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 enabling integration between different applications and businesses using the global computer network protocols, in particular API (Application Programming Interface); computer software, in particular applications, databases and cloud software; adaptive software; software for searching and retrieving information in computer-clusters and server-clusters

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 04/22/2019, and first used in commerce at least as early as 04/22/2019, 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) software excerpts..

Original PDF file:
SPE0-208185139113-20191127134937482347_._Class_9.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-1-208185139113-20191127134937482347_._Class_9_and_42.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018129884, filed 09/27/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 042:  Computer software design and development; computer programming services; rental of computer programs; maintenance and installation of computer programs; temporary provision of non-downloadable software; software as a service services featuring software for building APIs and integrations that connect and orchestrate applications, transform data, control access to APIs and services, integrate existing cloud and enterprise applications and trading partners and trigger operations being deployed in the cloud, on premises and at the edge; platform as a service services featuring computer software platforms for building APIs and integrations that connect and orchestrate applications, transform data, control access to APIs and services, integrate existing cloud and enterprise applications and trading partners and trigger operations being deployed in the cloud, on premises and at the edge; provisioning of interactive and electronic platforms on the Internet via wireless and wired communication services for communication and exchange of data and information of all kinds; provisioning of platforms on the Internet for data collection and data transfer; providing temporary use of web-based software; Integration Platform as a Service cloud based service in the cloud to connect between heterogeneous, cloud based applications by interoperability, integration and governance; application service provider services; computer software for the computer-aided automation of technical and industrial processes; cloud-computing services; cloud networks hosting services, server hosting, web hosting providing; computer software consultancy; information technology consultancy, IT-consulting; consulting in the field of information technology and computer and information technology consulting

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 04/22/2019, and first used in commerce at least as early as 04/22/2019, 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) website excerpts..

Original PDF file:
SPE0-208185139113-20191127134937482347_._Class_9_and_42.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-208185139113-20191127134937482347_._Class_42.pdf
Converted PDF file(s) (5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

Priority based on foreign filing: 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 and asserts a claim of priority based on European Union Trademark - EUTM application number 018129884, filed 09/27/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The applicant hereby appoints P. Jay Hines. Other appointed attorneys are H. David Starr. P. Jay Hines of MUNCY, GEISSLER, OLDS & LOWE, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      SUITE 310
      4000 LEGATO ROAD
      FAIRFAX, Virginia 22033
      United States
      703-621-7140(phone)
      703-621-7155(fax)
      mailroom@mg-ip.com (authorized).
The attorney docket/reference number is SAG0013TUS.
P. Jay Hines 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:

P. Jay Hines

MUNCY, GEISSLER, OLDS & LOWE, P.C.

SUITE 310       4000 LEGATO ROAD

FAIRFAX, Virginia 22033

703-621-7140(phone)

703-621-7155(fax)

mailroom@mg-ip.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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: /pjh/   Date: 11/27/2019
Signatory's Name: P. Jay Hines
Signatory's Position: Counsel, Virginia Bar Member No. 34772 since 1992.
Payment Sale Number: 88709114
Payment Accounting Date: 11/27/2019

Serial Number: 88709114
Internet Transmission Date: Wed Nov 27 14:22:54 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20191127142254
098545-88709114-700c75fda771a1a8ec578ca5
2055558a91f63898f65b980791cd57c3eb9bdfed
-CC-22527999-20191127141614387067