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: 90027865

Filing Date: 06/30/020

To the Commissioner for Trademarks:

MARK: XSTREAMCARE SERVICES (Standard Characters, see mark)
The literal element of the mark consists of XSTREAMCARE SERVICES. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Virtustream LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      8444 Westpark Drive, Suite 900
      McLean, Virginia 22102-5125
      United States
      XXXX

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 037:  Technical support services, namely, administration and troubleshooting of computing environments

In International Class 037, 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 05/17/2019, and first used in commerce at least as early as 05/17/2019, 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) screenshots from Applicant's website showing use of the mark in connection with the services.

Original PDF file:
SPE0-70175231157-20200629133556817202_._Specimen_of_Use_for_the_XSTREAMCARE_SERVICES_mark.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

International Class 042:  Professional and managed services in the field of cloud computing in the nature of consulting, advisory, onboarding, installation, migration, administration, monitoring, support, maintenance, troubleshooting, and management of physical and virtual computing environments, software application systems, operating systems, and databases; cloud computing in the nature of professional services for planning, architecting, designing, integrating, configuring, implementing, and managing cloud-computing systems and technologies, databases and application systems; cloud computing in the nature of management services for monitoring, administration, and management of cloud computing systems and technologies, databases, and application systems; technical support services, namely, remote and on-site infrastructure and application management services for monitoring, administration, and management of cloud computing systems and application systems; virtual and physical server colocation services, namely, monitoring and managing hosted server infrastructure for others; backup and restoration services for physical and virtual computing environments, software application systems, operating systems, and databases; disaster recovery services for physical and virtual computing environments, software application systems, operating systems, and databases; data archiving and management services for software application systems and databases in the field of cloud computing; computer technology support services, namely, help desk services; computer security consultancy; data security consultancy in the field of cloud computing; technology consultation in the field of cybersecurity, managed security, and managed hosting services; scientific and technical consulting relating to computers and computer software; design and development of computer systems and computer software; technical support services, namely, trouble shooting of computer software problems

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 05/17/2019, and first used in commerce at least as early as 05/17/2019, 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) screenshots from Applicant's website showing use of the mark in connection with the services.

Original PDF file:
SPE0-1-70175231157-20200629133556817202_._Specimen_of_Use_for_the_XSTREAMCARE_SERVICES_mark.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

International Class 045:  Regulatory compliance consulting services in the field of cloud computing, namely, analyzing and reporting security, privacy, and compliance information related to cloud-hosted data and applications

In International Class 045, 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 05/17/2019, and first used in commerce at least as early as 05/17/2019, 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) screenshots from Applicant's website showing use of the mark in connection with the services.

Original PDF file:
SPE0-2-70175231157-20200629133556817202_._Specimen_of_Use_for_the_XSTREAMCARE_SERVICES_mark.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3



The owner's/holder's proposed attorney information: Michael Metteauer. Other appointed attorneys are all other attorneys with the firm. Michael Metteauer of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
      737-443-8792(phone)
      tmcentral@pirkeybarber.com
The docket/reference number is DELL823US.
Michael Metteauer 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:

Michael Metteauer

PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mmetteauer@pirkeybarber.com; kmadianos@pirkeybarber.com; mdenham@pirkeybarber.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 $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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /kellywalton/   Date: 06/29/2020
Signatory's Name: Kelly Walton
Signatory's Position: VP, Legal
Payment Sale Number: 90027865
Payment Accounting Date: 06/30/2020

Serial Number: 90027865
Internet Transmission Date: Tue Jun 30 09:35:48 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202006300935481
10030-90027865-710513071f1811b5eb8c4179c
3a4c296fc94cc6b6c52f6aae9b3f274069f9e8d1
-CC-35464859-20200629165241357021