Application

PTO- 1478

Approved for use through 09/30/2021. 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 09/30/2021. 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: 97014519

Filing Date: 09/07/2021

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) blue is/are claimed as a feature of the mark. The mark consists of the color blue as applied to the interiors of data and co-location centers. The matter shown in broken or dotted lines is not part of the mark and serves only to show the relative position or placement of the elements of the mark.
The applicant, Equinix, Inc., a corporation of Delaware, having an address of
      One Lagoon Drive, 4th Floor
      Redwood City, California 94065
      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 038:  providing data center and co-location services for voice, video and data communications applications; electronic data transmission; peering services, namely, telecommunications services to allow the electronic exchange of data traffic between the users of various telecommunications networks

In International Class 038, 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 10/27/2008, and first used in commerce at least as early as 10/27/2008, 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) images of the color blue as applied to the interiors of data and co-location centers; screenshot of website; screenshots of promotional video; screenshot of fortune article; all evidencing mark being used in connection to the services..

Original PDF file:
SPE0-209436782-2021090215 2326158771_._Specimen_1_- _blue_light.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-209436782-2021090215 2326158771_._Specimen_2_- _blue_light.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-209436782-2021090215 2326158771_._Specimen_3_- _blue_light.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-209436782-2021090215 2326158771_._Specimen_4_- _blue_light.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-209436782-2021090215 2326158771_._Specimen_5_- _blue_light.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 042:  computer data center and co-location services, namely, providing facilities for the location of computer servers with the equipment of others; computer services, namely, providing virtual and non virtual application servers, web servers, file servers, co-location servers, load balancing servers, redundancy servers, media servers and database servers of variable capacity to third party computing and data storage facilities; rental of space in a computer data center and co-location facility for containerized data centers of others; computer services, namely, remote management of computer applications for others; computer project management service; consultation for the aforementioned services, namely, consulting in the field of information technology, consulting in the field of telecommunications technology, consulting in the field of virtualization technologies for enterprises and businesses

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 10/27/2008, and first used in commerce at least as early as 10/27/2008, 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) images of the color blue as applied to the interiors of data and co-location centers; screenshot of website; screenshots of promotional video; screenshot of fortune article; all evidencing mark being used in connection to the services..

Original PDF file:
SPE0-1-209436782-20210902 152326158771_._Specimen_1 _-_blue_light.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-1-209436782-20210902 152326158771_._Specimen_2 _-_blue_light.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-1-209436782-20210902 152326158771_._Specimen_3 _-_blue_light.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-1-209436782-20210902 152326158771_._Specimen_4 _-_blue_light.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-1-209436782-20210902 152326158771_._Specimen_5 _-_blue_light.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Webpage URL: None Provided
Webpage Date of Access: None Provided



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4348400.


The owner's/holder's proposed attorney information: Caitlin Byczko. Other appointed attorneys are all other attorneys with Barnes & Thornburg LLP. Caitlin Byczko of Barnes & Thornburg 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
      11 South Meridian Street
      Indianapolis, Indiana 46204
      United States
      317-231-1313(phone)
      317-231-7433(fax)
      cbyczko@btlaw.com
The docket/reference number is 20569-PEND.
Caitlin Byczko 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:

Caitlin Byczko

PRIMARY EMAIL FOR CORRESPONDENCE: cbyczko@btlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): TMINDocket@btlaw.com; Rachel.Nielsen@btlaw.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: /swp/   Date: 09/07/2021
Signatory's Name: Scott Pollyea
Signatory's Position: Legal, Manager, Intellectual Property
Signatory's Phone Number: 970-290-9715
Signature method: Sent to third party for signature
Payment Sale Number: 97014519
Payment Accounting Date: 09/07/2021

Serial Number: 97014519
Internet Transmission Date: Tue Sep 07 11:32:14 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20210907113214508
625-97014519-7812fba1a3204c185ed896cefcd
9f6d84615ae30c9d1f4d19145c722e340e03ac2-
CC-32133547-20210902160817726872