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)

---

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: 90071999

Filing Date: 07/24/2020

To the Commissioner for Trademarks:

MARK: USBTOCLOUD (Standard Characters, see mark)
The literal element of the mark consists of USBTOCLOUD. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ClevX, LLC, a limited liability company legally organized under the laws of Washington, having an address of
      9306 NE 125th Street
      Kirkland, Washington 98034
      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 009:  Computer software for backup of data storage devices to or in sync with a remote system

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 11/00/2014, and first used in commerce at least as early as 11/00/2014, 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 bearing the mark.

Original PDF file:
SPE0-20616924734-20200724 112103248341_._Specimen1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-20616924734-20200724 112103248341_._Specimen2.pdf
Converted PDF file(s) (1 page)
Specimen File1


SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4948150.


The owner's/holder's proposed attorney information: David D'Zurilla. Other appointed attorneys are Gregory M. Stark, Janal M. Kalis, Pamela B. Huff, Jessica McDonald. David D'Zurilla of Schwegman, Lundberg & Woessner, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      P.O. Box 2938
      Minneapolis, Minnesota 55402
      United States
      612-373-6900(phone)
      612-339-3061(fax)
      tmg@slwip.com
The docket/reference number is 4654.011US2.
David D'Zurilla 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:

David D'Zurilla

PRIMARY EMAIL FOR CORRESPONDENCE: tmg@slwip.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: /David D'Zurilla/   Date: 07/24/2020
Signatory's Name: David D'Zurilla
Signatory's Position: Attorney of Record/MN Bar Member
Payment Sale Number: 90071999
Payment Accounting Date: 07/24/2020

Serial Number: 90071999
Internet Transmission Date: Fri Jul 24 14:42:18 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202007241442183
42120-90071999-740e52b47e1642979147ced8d
e329d7c024a14b37e5411bd872decb773635112-
DA-42180315-20200724120124563104