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: 97152740

Filing Date: 12/02/2021

To the Commissioner for Trademarks:

MARK: S (stylized and/or with design, see mark)
The literal element of the mark consists of S. The applicant is not claiming color as a feature of the mark. The mark consists of a stylized letter "S".
The applicant, Software AG, a aktiengesellschaft legally organized under the laws of Germany, having an address of
      Uhlandstraße 12
      Darmstadt 64297
      Germany
      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 programs; stored computer software; downloadable computer software; computer software, in particular computer software for the management of business processes to connect different software applications with each other in the sense of an application integration between different companies or enterprises on the basis of worldwide computer network protocols for the use and management of databases; computer software, in particular apps and cloud software; adaptive software; software for data processing; software for the analysis and evaluation of data as well as for digital event processing, in particular Complex Event Processing (information technology); software for the generation, monitoring, controlling of artificial intelligence; Predictive Analytics Software for the operational provision, integration and execution of artificial intelligence, machine learning, data mining, statistical and predictive algorithms; software for searching and retrieving information in computer-clusters and server-clusters; self- learning software, in particular software being able to continue learning without human intervention and to reconfigure itself to adapt to changing conditions; software for analyzing and evaluating data for adapting and regulating decisions in business processes, operational IT systems and automation of industrial and technical processes; software for process modelling; data communication software; software for monitoring cloud networks; computer language for using databases, data processing programs, data carriers provided together with data processing programs.

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 European Union Trademark - EUTM application number 018611673, filed 11/30/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 035:  Updating and maintenance of data in computer databases; information in business matters; organizational and business management consultancy for companies; business management consulting related to the use of computer software, new media and Internet for and in companies; business project management and consulting for optimization of economical and organizational business processes and procedures.

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 European Union Trademark - EUTM application number 018611673, filed 11/30/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 038:  Providing access to a worldwide computer network; providing access to computer programs in data networks; providing access to information on the Internet; electronic data transmission; real-time data transmission; electronic data transmission and exchange; electronic messaging via Internet forums and social media; messaging and picture transmission via computer; telecommunications; telecommunications by platforms and portals in the Internet; providing access to databases; providing interactive and electronic platforms, namely providing access to interactive and electronic platforms via wireless and wired communication services for the communication and the exchange of data and information of all kinds on the Internet; providing platforms for data collection and data transfer on the Internet, in particular providing access to platforms for data collection and data transfer on the Internet.

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 European Union Trademark - EUTM application number 018611673, filed 11/30/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 041:  Training; practical training and demonstration; services in the field of education and training, including services provided online via computers, the Internet or other electronic networks, namely training in the use of computer software for allowing application integration between different businesses using global computer network protocols; user training of data processing programs; further training and education; e-learning for computer software.

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 European Union Trademark - EUTM application number 018611673, filed 11/30/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 042:  Design and development of computer programs, rental of computer programs, maintenance and installation of computer programs; temporary provision of non- downloadable software; computer software consultancy; information technology consultancy; software as a service; platform as a service; Integration Platform as a Service, in particular cloud-based services in the cloud to connect between heterogeneous, cloud based applications by interoperability, integration and governance; application service provider services; cloud computing; cloud-based networking; Design of networks based on IOT, namely interconnecting of clearly identifiable physical objects with a virtual representation in a structure similar to the Internet; IIOT, namely the use of Internet of things technologies to enhance manufacturing and industrial processes; data mining services; data processing services; data analysis services; analytic services in relation to workflows and work processes; hosting services, server hosting, web hosting; provision of interactive and electronic platforms on the Internet via wireless and wired communication services for communication and exchange of data and information of all kinds; provision of platforms on the Internet for data collection and data transfer; IT consulting, consulting in the field of information technology and computer and information technology consulting; IT project management; cloud computing consultancy.

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 European Union Trademark - EUTM application number 018611673, filed 11/30/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 045:  Licensing of computer programs.

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 European Union Trademark - EUTM application number 018611673, filed 11/30/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.





The owner's/holder's proposed attorney information: Victoria Friedman. Victoria Friedman of Dennemeyer & Associates, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 1500
      2 North Riverside Plaza
      Chicago, Illinois 60606
      United States
      312-628-5529(phone)
      312-419-9440(fax)
      vfriedman@dennemeyer-law.com
The docket/reference number is 10166781TF.
Victoria Friedman 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 hereby appoints Victoria Friedman of Dennemeyer & Associates, LLC
      2 North Riverside Plaza
      Suite 1500
      Chicago Illinois 60606
      United States
      312-628-5529(phone)
      312-419-9440(fax)
      vfriedman@dennemeyer-law.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Victoria Friedman

PRIMARY EMAIL FOR CORRESPONDENCE: vfriedman@dennemeyer-law.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): emeyers@dennemeyer-law.com; mmcgovern@dennemeyer-law.com; tm-us@dennemeyer-law.com; docket@dennemeyer-law.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 $2100 has been submitted with the application, representing payment for 6 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: /vfriedman/   Date: 12/02/2021
Signatory's Name: Victoria Friedman
Signatory's Position: Attorney of Record, State of Illinois Bar Member
Signatory's Phone Number: 312-628-5529
Signature method: Signed directly within the form
Payment Sale Number: 97152740
Payment Accounting Date: 12/02/2021

Serial Number: 97152740
Internet Transmission Date: Thu Dec 02 12:40:39 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.X.XX-202112021240390293
54-97152740-78185463176cf2aba883e5779d26
3b2379662af26cde4bca1cd9cec31b6b88-CC-40
384573-20211202122831627487