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: 90078113

Filing Date: 07/28/2020

To the Commissioner for Trademarks:

MARK: NETAPP (Standard Characters, see mark)
The literal element of the mark consists of NETAPP. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, NetApp, Inc., a corporation of Delaware, having an address of
      1395 Crossman Avenue
      Sunnyvale, California 94089
      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:  Installation, maintenance, and repair of computer hardware for storing, managing, replicating, transferring, securing, retrieving, and restoring data and files; installation, maintenance, and repair of computer hardware for sharing, updating, partitioning, and accessing common files over a computer network; installation, maintenance, and repair of computer hardware for optimizing the accessibility, delivery, backup, security, restoration, and replication of data; installation, maintenance, and repair of computer hardware for managing, monitoring, and securing networks, computer disc drives, electronic data storage systems, databases and other storage devices across computer networks.

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 09/01/1995, and first used in commerce at least as early as 09/01/1995, 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) datasheets, manuals, and installation instructions displaying the mark.

Original PDF file:
SPE0-3811013120-202007211 24421320357_._NETAPP_Clas s_37_NetApp_System_Instal lation_Services.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-3811013120-202007211 24421320357_._NETAPP_Clas s_37_NetApp_Managed_Servi ces_Administer_Service.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPE0-3811013120-202007211 24421320357_._SupportOwne rManual.pdf
Converted PDF file(s) (16 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Original PDF file:
SPE0-3811013120-202007211 24421320357_._Installatio n_service__PDF.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2088731, 2844772, 3771053, and others.


The owner's/holder's proposed attorney information: Olivia Maria Baratta. Other appointed attorneys are the attorneys of Kilpatrick Townsend & Stockton LLP. Olivia Maria Baratta of Kilpatrick Townsend & Stockton LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Mailstop: IP Docketing - 22
      1100 Peachtree Street, Suite 2800
      Atlanta, Georgia 30309
      United States
      tmadmin@ktslaw.com
The docket/reference number is 1203912.
Olivia Maria Baratta 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:

Olivia Maria Baratta

PRIMARY EMAIL FOR CORRESPONDENCE: tmadmin@ktslaw.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: /Aslaug Gretarsdottir/   Date: 07/28/2020
Signatory's Name: Aslaug Gretarsdottir
Signatory's Position: Corporate Counsel
Payment Sale Number: 90078113
Payment Accounting Date: 07/28/2020

Serial Number: 90078113
Internet Transmission Date: Tue Jul 28 14:09:07 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020072814090753
7219-90078113-740675379bb73a0f514a3ef195
4e92b8cd3adb9f6c70ea51aba4bb9b7a1eaa5-CC
-09066113-20200721143408664476