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: 90206371

Filing Date: 09/24/2020

To the Commissioner for Trademarks:

MARK: EVERFLEX (Standard Characters, see mark)
The literal element of the mark consists of EVERFLEX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Hitachi Vantara LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      2535 Augustine Drive
      Santa Clara, California 06033
      United States
      203-722-6332(phone)
      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 hardware and software for integrating computer servers, computer networks, and data storage into a single solution for data management and managing information technology infrastructure and applications; downloadable computer software, namely, a single data management downloadable computer software platform for managing data distributed across multiple locations, data centers, public clouds, private clouds and hybrid clouds; Computer software analytics platform for analyzing, visualizing, and manipulating large quantities of unstructured, structured, and semi-structured data distributed across multiple locations, data centers, public clouds, private clouds and hybrid clouds; Computer software for management of distributed data sources in a single user interface; computer hardware; computer hardware for data management; computer hardware for data storage and data backup; Computer software for data management; downloadable computer software for data storage, data backup, data protection, data migration, data archival, data analytics, data searching, data indexing, data retrieval, data reporting, data deduplication, data redundancy and data recovery and replication; downloadable database management computer software for use in the field of enterprise data and information management; downloadable computer software for data disaster recovery and replication; downloadable computer software for data management; downloadable computer software development tools; downloadable cloud-based software for data management; mobile application for data management in the nature of data storage, data backup, data protection, data migration, data archival, data analytics, data searching, data indexing, data retrieval, data notifications, data monitoring, data reporting, data deduplication, data redundancy and data recovery and replication; downloadable mobile application for data disaster recovery and replication; downloadable mobile application for managing and operating software in the fields of data security, compliance assessment, and cybersecurity
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.

International Class 042:  Computer services, namely, cloud hosting provider services; computer services, namely, integration of private and public cloud computing environments on a subscription or pay-per-use basis; providing virtual computer systems and virtual computer environments through cloud computing on a subscription or pay-per-use basis; Consulting services in the field of software as a service, computer and data security, computer- based information systems for businesses, cloud integration business technology, computer infrastructure hosting services, namely, providing computer hardware, computer software, computer peripherals to others on a subscription or pay-per-use basis; Software-as-a-service (SaaS) and Platform-as-a-service (PaaS) services featuring software for use in computer and network operation, management, automation, virtualization, configuration, deployment, management, asset optimization, industrial automation, machine diagnostics, and optimization of industrial, mining, healthcare, manufacturing and infrastructure management processes; Cloud computing featuring software for use in asset optimization, industrial automation, machine diagnostics, and optimization of industrial, mining, healthcare, manufacturing and infrastructure management processes; Providing temporary use of on-line non-downloadable software for use in information technology (IT) management, IT infrastructure management, IT asset management, IT reporting and forecasting, IT monitoring, data backup, recovery, archiving, deduplication, database management, data center operation and automation, data transmission, storage, processing, cloud computing, asset optimization, industrial automation, machine diagnostics, and optimization of industrial, mining, healthcare, manufacturing and infrastructure management processes; Computer software consulting; consulting in the field of computer software design, data security and data privacy; computer security threat analysis for protecting data; design and development of electronic data security systems; Consulting services in the design of computer hardware and software systems for others; consulting services in the field of cloud computing, computer technology and computer security; cloud storage services, namely, consulting services in the field of cloud computing software adoption; cloud computing featuring software as a service for use in data storage and file synchronization; Computer programming; Computer software design; Installation, maintenance and repair of computer software; rental of computer software; rental of web servers, data servers and rental of server memory space; Hosting computer software of others for access by others for use in the fields of business analysis, strategy, data, testing and modeling, simulations, all related to IoT (the Internet of Things); consulting, advice and information services related to the aforesaid services; Consulting services in the field of computer software design, data security and data privacy; computer security threat analysis for protecting data; design and development of electronic data security systems; Consulting services in the design of computer hardware and software systems for others; consulting services in the field of cloud computing, computer technology and computer security; cloud storage services, namely, consulting services in the field of cloud computing software adoption; cloud computing featuring software as a service for use in data storage and file synchronization; Computer programming; Computer software design; Installation, maintenance and repair of computer software; rental of computer software; rental of web servers, data servers and rental of server memory space; Hosting computer software of others for access by others for use in the fields of business analysis, strategy, data, testing and modeling, simulations, all related to IoT (the Internet of Things); Computer services, namely, providing virtual and non-virtual application servers, web servers, file servers, redundancy servers, and database servers of variable capacity to others; computer services, namely, integration of private and public cloud computing environments; Consulting, advice and information services related to the aforesaid services.

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 04/21/2020, and first used in commerce at least as early as 04/21/2020, 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) Datasheet displaying the mark in connection with the services.

Original PDF file:
SPE0-68109116241-20200924 101213587462_._Everflex_D atasheet.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



The owner's/holder's proposed attorney information: Thao Harrington. Thao Harrington of Hitachi Vantara LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      39 Hollis Landing
      Glastonbury, Connecticut 06033
      United States
      203-722-6332(phone)
      thao.harrington@hitachivantara.com
The docket/reference number is HVLLC_2.
Thao Harrington 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:

Thao Harrington

PRIMARY EMAIL FOR CORRESPONDENCE: thao.harrington@hitachivantara.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 $550 has been submitted with the application, representing payment for 2 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: /Thao Harrington/   Date: 09/24/2020
Signatory's Name: Thao Harrington
Signatory's Position: IP Counsel
Payment Sale Number: 90206371
Payment Accounting Date: 09/24/2020

Serial Number: 90206371
Internet Transmission Date: Thu Sep 24 10:26:24 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202009241026249
45163-90206371-750d5e51a27a61b9440f55cb0
a1fc34aa3e21b79beaaf2d074117488348c4fef9
-CC-26231440-20200924101213587462