TEAS Plus New Application

ZEPHYR

Smartbear Software Inc

Trademark/Service Mark Application, Principal Register

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

TEAS Plus Application

Serial Number: 88808450
Filing Date: 02/24/020

NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application.


The table below presents the data as entered.

Input Field
Entered
TEAS Plus YES
MARK INFORMATION
*MARK ZEPHYR
*STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT ZEPHYR
*MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK Smartbear Software Inc
INTERNAL ADDRESS 4th floor
*MAILING ADDRESS 450 Artisan Way
*CITY Somerville
*STATE
(Required for U.S. applicants)
Massachusetts
*COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
*ZIP/POSTAL CODE
(Required for U.S. and certain international addresses)
02145
*EMAIL ADDRESS Legal@smartbear.com
LEGAL ENTITY INFORMATION
*TYPE CORPORATION
* STATE/COUNTRY/REGION/JURISDICTION/U.S. TERRITORY OF INCORPORATION Delaware
GOODS AND/OR SERVICES AND BASIS INFORMATION
*INTERNATIONAL CLASS 009 
*IDENTIFICATION Downloadable software for a software test case management tool that executes tests cases, generates test reports; provides testing requirements for test cases, provides a repository of test cases, and assists in planning testing for test cases, the aforementioned in the field of software development
*FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 03/31/2008
       FIRST USE IN COMMERCE DATE At least as early as 03/31/2008
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPE0-50252203137-20200221180304558188_._specimenClass009.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\888\084\88808450\xml1\FTK0003.JPG
       SPECIMEN DESCRIPTION screenshot of downloadable software bearing mark
*INTERNATIONAL CLASS 042 
*IDENTIFICATION Software as a service (SAAS) services featuring software for a software test case management tool that creates, executes and tracks test cases, generates traceability and test reports, the aforementioned in the field of software development
*FILING BASIS SECTION 1(a)
       FIRST USE ANYWHERE DATE At least as early as 02/28/2012
       FIRST USE IN COMMERCE DATE At least as early as 02/28/2012
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPE0-50252203137-20200221180304558188_._speimen_class_042.pdf
       CONVERTED PDF FILE(S)
       (8 pages)
\\TICRS\EXPORT18\IMAGEOUT18\888\084\88808450\xml1\FTK0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\888\084\88808450\xml1\FTK0005.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\888\084\88808450\xml1\FTK0006.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\888\084\88808450\xml1\FTK0007.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\888\084\88808450\xml1\FTK0008.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\888\084\88808450\xml1\FTK0009.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\888\084\88808450\xml1\FTK0010.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\888\084\88808450\xml1\FTK0011.JPG
       SPECIMEN DESCRIPTION screenshot of SaaS software bearing mark
ADDITIONAL STATEMENTS INFORMATION
*TRANSLATION
(if applicable)
 
*TRANSLITERATION
(if applicable)
 
*CLAIMED PRIOR REGISTRATION
(if applicable)
 
*CONSENT (NAME/LIKENESS)
(if applicable)
 
*CONCURRENT USE CLAIM
(if applicable)
 
ATTORNEY INFORMATION
NAME Antoinette G Giugliano
ATTORNEY DOCKET NUMBER 0256.0123_00
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Antoinette G Giugliano PC
INTERNAL ADDRESS AGG Intellectual Property Law
STREET 100 Cummings Center, Suite 227C
CITY Beverly
STATE Massachusetts
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
ZIP/POSTAL CODE 01915
PHONE 978-927-7377
FAX (978) 927-7477
EMAIL ADDRESS agg@ProtectInventions.com
CORRESPONDENCE INFORMATION
NAME Antoinette G Giugliano
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE agg@ProtectInventions.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) legaladmin@ProtectInventions.com
FEE INFORMATION
APPLICATION FILING OPTION TEAS Plus
NUMBER OF CLASSES 2
APPLICATION FOR REGISTRATION PER CLASS 225
*TOTAL FEES DUE 450
*TOTAL FEES PAID 450
SIGNATURE INFORMATION
* SIGNATURE /Lance Levy/
* SIGNATORY'S NAME Lance Levy
* SIGNATORY'S POSITION SVP, General Counsel & HR
SIGNATORY'S PHONE NUMBER 617-684-2600
* DATE SIGNED 02/24/2020



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

TEAS Plus Application

Serial Number: 88808450
Filing Date: 02/24/020

To the Commissioner for Trademarks:

MARK: ZEPHYR (Standard Characters, see mark)
The literal element of the mark consists of ZEPHYR. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Smartbear Software Inc, a corporation of Delaware, having an address of
      4th floor
      450 Artisan Way
      Somerville, Massachusetts 02145
      United States
      Legal@smartbear.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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Downloadable software for a software test case management tool that executes tests cases, generates test reports; provides testing requirements for test cases, provides a repository of test cases, and assists in planning testing for test cases, the aforementioned in the field of software development

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 009, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 03/31/2008, and first used in commerce at least as early as 03/31/2008, 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 downloadable software bearing mark.

Original PDF file:
SPE0-50252203137-20200221180304558188_._specimenClass009.pdf
Converted PDF file(s) (1 page)
Specimen File1

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 042:  Software as a service (SAAS) services featuring software for a software test case management tool that creates, executes and tracks test cases, generates traceability and test reports, the aforementioned in the field of software development

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 02/28/2012, and first used in commerce at least as early as 02/28/2012, 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 SaaS software bearing mark.

Original PDF file:
SPE0-50252203137-20200221180304558188_._speimen_class_042.pdf
Converted PDF file(s) (8 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8



The owner's/holder's proposed attorney information: Antoinette G Giugliano. Antoinette G Giugliano of Antoinette G Giugliano PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      AGG Intellectual Property Law
      100 Cummings Center, Suite 227C
      Beverly, Massachusetts 01915
      United States
      978-927-7377(phone)
      (978) 927-7477(fax)
      agg@ProtectInventions.com
The docket/reference number is 0256.0123_00.
Antoinette G Giugliano 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:
      Antoinette G Giugliano
       PRIMARY EMAIL FOR CORRESPONDENCE: agg@ProtectInventions.com
       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): legaladmin@ProtectInventions.com


Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
A fee payment in the amount of $450 has been submitted with the application, representing payment for 2 class(es).

Declaration

Declaration Signature

Signature: /Lance Levy/   Date: 02/24/2020
Signatory's Name: Lance Levy
Signatory's Position: SVP, General Counsel & HR
Signatory's Phone Number: 617-684-2600
Payment Sale Number: 88808450
Payment Accounting Date: 02/24/2020

Serial Number: 88808450
Internet Transmission Date: Mon Feb 24 17:00:59 ET 2020
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XXX-202002241700597
66738-88808450-7101ee76b14c0fbd4278fc330
e07a458fc656e8b29697281d4d4cdf224f138436
5-CC-00589243-20200224121409397804

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