Application

PTO- 1478

Approved for use through 10/31/2024. 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

---

PTO- 1478

Approved for use through 10/31/2024. 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: 97062347

Filing Date: 10/06/2021

To the Commissioner for Trademarks:

MARK: KASTEN (Standard Characters, see mark)
The literal element of the mark consists of KASTEN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Kasten, Inc., a corporation of Delaware, having an address of
      8800 Lyra Drive, Suite 350
      Columbus, Ohio 43240
      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 009:  Downloadable computer software for use by software enterprise operators in managing computer application scalability, namely, managing the ability for software to increase or decrease in performance in response to changes in application and system processing demands for use in managing data, namely, for large scale data backup, data restoration, and disaster recovery for enterprise software applications and for migration of enterprise software applications across clusters of networks

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 12/05/2017, and first used in commerce at least as early as 12/05/2017, 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) screenshot of the "Download Now" option on Applicant's branded website, enabling users to download the software.

Original PDF file:
SPE0-70168240133-20211006 105151980536_._Try_Kasten _screenshot.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.kasten.io/try-kasten-k10
Webpage Date of Access: 10/05/2021

International Class 042:  Software as a service (SAAS) services featuring software for use by software enterprise operators in managing computer application scalability, namely, managing the ability for software to increase or decrease in performance in response to changes in application and system processing demands, for use in managing data, namely, for large scale data backup, data restoration, and disaster recovery for enterprise software applications and for migration of enterprise software applications across clusters of networks

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 12/05/2017, and first used in commerce at least as early as 12/05/2017, 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:
SPE0-70168240133-20211006 105151980536_._Kasten-K10 -Datasheet__2_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided



The owner's/holder's proposed attorney information: Monica Riva Talley. Other appointed attorneys are Tracy-Gene G. Durkin, Dana N. Justus, Shana L. Olson, Ivy Clarice Estoesta and Lauriel F. Dalier. Monica Riva Talley of Sterne, Kessler, Goldstein & Fox P.L.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1100 New York Avenue, N.W.
      Washington, District of Columbia 20005
      United States
      202-371-2600(phone)
      202-371-2540(fax)
      tm@sternekessler.com
The docket/reference number is 2907.1220000.
Monica Riva Talley 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:

Monica Riva Talley

PRIMARY EMAIL FOR CORRESPONDENCE: tm@sternekessler.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mtalley@sternekessler.com; djustus@sternekessler.com; jseeleyhall@sternekessler.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: /Monica Riva Talley/   Date: 10/06/2021
Signatory's Name: Monica Riva Talley
Signatory's Position: Attorney of Record, Member of Virginia and Washington, DC Bars
Signatory's Phone Number: 202-371-2600
Signature method: Sent to third party for signature
Payment Sale Number: 97062347
Payment Accounting Date: 10/06/2021

Serial Number: 97062347
Internet Transmission Date: Wed Oct 06 16:11:47 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202110061611474
29261-97062347-7811f59b91fff5d354eda4ea1
42cd7f196a3c7f2755f6a3e9b6542237f18cf99c
7-CC-11451127-20211006140604123552