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: 90029156

Filing Date: 06/30/020

To the Commissioner for Trademarks:

MARK: PERFORMIVE (Standard Characters, see mark)
The literal element of the mark consists of PERFORMIVE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, TOTAL SERVER SOLUTIONS, L.L.C., a limited liability company legally organized under the laws of Georgia, having an address of
      1130 Powers Ferry Place SE
      Marietta, Georgia 30067
      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 042:  Computer services, namely, cloud hosting provider services; providing virtual and non-virtual application servers, web servers, file servers, co-location servers, load balancing servers, redundancy servers, media servers and database servers; hosting servers for use by others; providing facilities for computer server co-location; planning and engineering services in the field of information and communications networks; planning, design, development and management of information technology (IT) systems; IT consulting services; technical support services, namely, remote and onsite monitoring, technical administration, and troubleshooting of computer servers and IT and cloud computing systems, applications, and infrastructure; IT support services, namely, help desk and customer support services; IT security consulting services; technical consulting services in the fields of datacenter and IT architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and services
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 owner's/holder's proposed attorney information: Ann K. Ford. Other appointed attorneys are Thomas E. Zutic; John M. Nading; Ryan C. Compton; Eunice R. Chung; David M. Kramer; Ashley H. Joyce; James K.S. Stewart; Naomi E. Abraham; Alberto Zacapa; Devika Persaud; Latoya A. Tyson. Ann K. Ford of DLA PIPER LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      500 8TH STREET NW
      WASHINGTON, District of Columbia 20004
      United States
      202-799-4000(phone)
      202-799-5000(fax)
      dctrademarks@dlapiper.com

Ann K. Ford 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:

Ann K. Ford

PRIMARY EMAIL FOR CORRESPONDENCE: dctrademarks@dlapiper.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $275 has been submitted with the application, representing payment for 1 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: /GJS/   Date: 06/30/2020
Signatory's Name: Simat, Gary
Signatory's Position: CEO
Payment Sale Number: 90029156
Payment Accounting Date: 06/30/2020

Serial Number: 90029156
Internet Transmission Date: Tue Jun 30 17:42:47 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.X.XX-202006301742474205
00-90029156-7102c58dab8b3c15baf3633b1a0f
85fb765a39473ab595a7c51f04132c915b42baa-
DA-42475787-20200630171624934142