TEAS Request Reconsideration after FOA

PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 90266503 DELL TECHNOLOGIES APEX(Standard Characters, see http://uspto.report/TM/90266503/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Infrastructure as a service (IaaS) services, namely, hosting servers for use by others; Cloud storage services for electronic files and electronic data; Computer services, namely, cloud hosting provider services; Computer services, namely, integration of private and public cloud computing environments; Providing virtual computer systems and virtual computer environments through cloud computing; Updating and maintaining cloud-based computer software through on-line updates, enhancements and patches; Technical support services, namely, remote and on-site infrastructure management services for monitoring, administration and management of public and private cloud computing IT and application systems; Computer security services, namely, enforcing, restricting and controlling access privileges of users of computing resources for cloud, mobile or network resources based on assigned credentials; Software as a service (SaaS) services, namely, providing non-downloadable cloud-based software for virtualization, data storage, data analysis, providing computer network security, and monitoring the usage and performance of information technology networks; Hosting cloud-computing based software for others; Data storage for others; Application storage and hosting for others; Technological consulting in the fields of installation, security, operation, maintenance and optimization of cloud computer networks, cloud-based computer storage, cloud computing network security, cloud computing, software-as-a-service, and digital transformation; Remote management of computer networks for others; Design of computer software for others in the field of cloud computing
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 81544 filed 09/22/2020]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Infrastructure as a service (IaaS) services, namely, hosting servers for use by others; Cloud storage services for electronic files and electronic data; Computer services, namely, cloud hosting provider services; Computer services, namely, integration of private and public cloud computing environments; Providing virtual computer systems and virtual computer environments through cloud computing; Updating and maintaining cloud-based computer software through on-line updates, enhancements and patches; Technical support services, namely, remote and on-site infrastructure management services for monitoring, administration and management of public and private cloud computing IT and application systems; Computer security services, namely, enforcing, restricting and controlling access privileges of users of computing resources for cloud, mobile or network resources based on assigned credentials; Software as a service (SaaS) services, namely, providing non-downloadable cloud-based software for virtualization, data storage, data analysis, providing computer network security, and monitoring the usage and performance of information technology networks; Hosting cloud-computing based software for others; Data storage for others; Electronic data storage for others; Application storage and hosting for others; Application storage in the nature of electronic data storage for others and hosting the web sites for others; Technological consulting in the fields of installation, security, operation, maintenance and optimization of cloud computer networks, cloud-based computer storage, cloud computing network security, cloud computing, software-as-a-service, and digital transformation; Remote management of computer networks for others; Design of computer software for others in the field of cloud computingClass 042 for Infrastructure as a service (IaaS) services, namely, hosting servers for use by others; Cloud storage services for electronic files and electronic data; Computer services, namely, cloud hosting provider services; Computer services, namely, integration of private and public cloud computing environments; Providing virtual computer systems and virtual computer environments through cloud computing; Updating and maintaining cloud-based computer software through on-line updates, enhancements and patches; Technical support services, namely, remote and on-site infrastructure management services for monitoring, administration and management of public and private cloud computing IT and application systems; Computer security services, namely, enforcing, restricting and controlling access privileges of users of computing resources for cloud, mobile or network resources based on assigned credentials; Software as a service (SaaS) services, namely, providing non-downloadable cloud-based software for virtualization, data storage, data analysis, providing computer network security, and monitoring the usage and performance of information technology networks; Hosting cloud-computing based software for others; Electronic data storage for others; Application storage in the nature of electronic data storage for others and hosting the web sites for others; Technological consulting in the fields of installation, security, operation, maintenance and optimization of cloud computer networks, cloud-based computer storage, cloud computing network security, cloud computing, software-as-a-service, and digital transformation; Remote management of computer networks for others; Design of computer software for others in the field of cloud computing
Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 81544 filed 09/22/2020]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use TECHNOLOGIES apart from the mark as shown.


Miscellaneous Statement
Applicant advises the Examining Attorney that the foreign application, Jamaican Application No. 81544, being used as the basis for a priority claim under Section 44(d) with intent to perfect section 44(e) of the Trademark Act is still pending. Applicant requests that the U.S. application be suspended until the foreign registration has issued and submitted by Applicant. Applicant respectfully submits that it has a bona fide and effective industrial or commercial establishment in Jamaica in which its mark is to be registered.

Correspondence Information (current):
      Sanjiv Sarwate
      PRIMARY EMAIL FOR CORRESPONDENCE: sanjiv.sarwate@dell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmdocketing@dell.com; trademarks@dell.com

The docket/reference number is 14011.
Correspondence Information (proposed):
      Sanjiv Sarwate
      PRIMARY EMAIL FOR CORRESPONDENCE: sanjiv.sarwate@dell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tmdocketing@dell.com; trademarks@dell.com; gbraunstein@dell.com

The docket/reference number is 14011.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /sanjiv sarwate/     Date: 07/26/2021
Signatory's Name: Sanjiv Sarwate
Signatory's Position: Attorney for Applicant (Member of Illinois and Texas State Bar)

Signatory's Phone Number: 5127207141 Signature method: Sent to third party for signature

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Sanjiv Sarwate
   DELL LEGAL DEPARTMENT
   RR1-33
   ONE DELL WAY
   ROUND ROCK, Texas 78682
Mailing Address:    Sanjiv Sarwate
   DELL LEGAL DEPARTMENT
   RR1-33
   ONE DELL WAY
   ROUND ROCK, Texas 78682
        
Serial Number: 90266503
Internet Transmission Date: Mon Jul 26 13:51:10 ET 2021
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XX-20210726135110129
348-90266503-780f0ec7e3f6c1dca3accdb3aec
33c3e6e6f6246baea1e3a9f95fa5183a3bf6c8b9
-N/A-N/A-20210726120403201127