Application

PTO- 1478

Approved for use through 07/31/2021. OMB 0651-0009

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- 1478

Approved for use through 07/31/2021. OMB 0651-0009

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

Trademark/Service Mark Application, Principal Register

Serial Number: 90818663

Filing Date: 07/08/2021

To the Commissioner for Trademarks:

MARK: AVAYA ONECLOUD (Standard Characters, see mark)
The literal element of the mark consists of AVAYA ONECLOUD. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Avaya Inc., a corporation of Delaware, having an address of
      2605 Meridian Parkway, Suite 200
      Durham, North Carolina 27713
      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 042:  Communications-centered software as a services encompassing unified communications as a service (UCaaS), contact center as a service (CCaaS), and communications platform as a service (CPaaS) for call center and business unified communications pertaining to calling, conferencing, message transmission, data sharing, and for connecting, operating, and managing networked communications

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 01/21/2019, and first used in commerce at least as early as 04/05/2019, 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 of Applicant's website showing the mark as used with the services.
Specimen File1
Specimen File2
Specimen File3
Webpage URL: http://www.avaya.com/en/onecloud/
Webpage Date of Access: 07/08/2021

Priority based on foreign filing: 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 and asserts a claim of priority based on Mauritius application number MU/M/2021/33579, filed 05/10/2021.
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.




The owner's/holder's proposed attorney information: Eleanor M. Lackman. Other appointed attorneys are Alesha M. Dominique, Marissa B. Lewis and Lindsay R. Edelstein. Eleanor M. Lackman of Mitchell Silberberg & Knupp 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
      2049 Century Park East, 18th Floor
      Los Angeles, California 90067
      United States
      310-312-2000(phone)
      310-312-3100(fax)
      trademark@msk.com
The docket/reference number is 51256-00005.
Eleanor M. Lackman 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:

Eleanor M. Lackman

PRIMARY EMAIL FOR CORRESPONDENCE: trademark@msk.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 $350 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: /Eleanor M. Lackman/   Date: 07/08/2021
Signatory's Name: Eleanor M. Lackman
Signatory's Position: Attorney of Record, NY & CA Bar Member
Signatory's Phone Number: 310-312-2000
Signature method: Sent to third party for signature
Payment Sale Number: 90818663
Payment Accounting Date: 07/08/2021

Serial Number: 90818663
Internet Transmission Date: Thu Jul 08 20:25:28 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202107082025285
85738-90818663-7808eeed9a8b7d59245096d6e
cb39aff62b262e1753fd9aef0dd7a6a67a3a4-CC
-25274841-20210708171725222081