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: 90460735

Filing Date: 01/12/2021

To the Commissioner for Trademarks:

MARK: ARCSERVE (Standard Characters, see mark)
The literal element of the mark consists of ARCSERVE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ARCSERVE (USA) LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      Suite 150
      8855 Columbine Road
      Eden Prairie, Minnesota 55347
      United States
      844-639-6792(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 software for data archiving, Computer software for data backup, Computer software for data management, Computer software for data migration, Computer software for data recovery, Computer software for data restoration, Computer software for data storage, Computer hardware for data archiving, Computer hardware for data backup, Computer hardware for data management, Computer hardware for data migration, Computer hardware for data recovery, Computer hardware for data restoration, Computer hardware for data storage,

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 02/09/1989, and first used in commerce at least as early as 02/09/1989, 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) Cover-plate for a network appliance showing the mark.
Specimen File1

International Class 042:  Electronic data archiving, Electronic data backup, Electronic data management services, Electronic data migration, Electronic data recovery services, Electronic data restoration, Electronic data storage 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 02/09/1989, and first used in commerce at least as early as 02/09/1989, 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) Website showing the mark, describing the services, and providing contact for purchase..

Original PDF file:
SPE0-10822734105-20210112 105647797827_._Protection _Solutions_for_Your_Entir e_IT_Ecosystem___Arcserve.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Webpage URL: http://www.arcserve.com/
Webpage Date of Access: 01/12/2021


Miscellaneous Statement
ARCSERVE (USA) LLC is the successor entity to ARCSERVE, INC. formerly known as CHEYENNE SOFTWARE, INC and the owner of prior registrations 1884728 and 1587268.


For informational purposes only, applicant's website address is: http://www.arcserve.com/

The owner's/holder's proposed attorney information: James D. Schweikert. Other appointed attorneys are Rod A. Moore, Larry B. Donovan. James D. Schweikert of BLACK, MCCUSKEY, SOUERS & ARBAUGH, A LEGAL PROFESSIONAL ASSOCIATION, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 1000
      220 Market Avenue South
      Canton, Ohio 44702
      United States
      330-456-8341(phone)
      3304565756(fax)
      jschweikert@bmsa.com
The docket/reference number is 111280-0030.
James D. Schweikert 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:

James D. Schweikert

PRIMARY EMAIL FOR CORRESPONDENCE: jschweikert@bmsa.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ip@bmsa.com 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 $700 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: /Thomas Bollinger/   Date: 01/12/2021
Signatory's Name: Thomas Bollinger
Signatory's Position: Vice President, Operations
Signatory's Phone Number: 952-903-5460
Signature method: Sent to third party for signature
Payment Sale Number: 90460735
Payment Accounting Date: 01/12/2021

Serial Number: 90460735
Internet Transmission Date: Tue Jan 12 12:09:25 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-202101121209251
09899-90460735-7606457b852efd7ac19a236c9
5f1f5793e1bb31246de026542f4fa249861d1a-D
A-09240012-20210112105647797827