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

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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: 97513862

Filing Date: 07/21/2022

To the Commissioner for Trademarks:

MARK: AQUA (Standard Characters, see mark)
The literal element of the mark consists of AQUA. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Fluence Labs, Inc., a corporation of Delaware, having an address of
      Suite 102-4
      2301 West Anderson Lane
      Austin, Texas 78757
      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:  Providing temporary use of non-downloadable web-based open-source language software allowing developers to program peer-to-peer networks and compose distributed services hosted on peer-to-peer nodes into decentralized applications and backends

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 11/00/2020, and first used in commerce at least as early as 11/00/2020, 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) WEB SCREENS FROM OWNER'S WEB SITE.
Specimen File1
Specimen File2
Webpage URL: http://fluence.network/technology.html
Webpage Date of Access: 07/20/2022
Webpage URL: http://doc.fluence.dev/aqua-book/getting-started
Webpage Date of Access: 07/20/2022



The owner's/holder's proposed attorney information: Gina Durham, Esq.. Other appointed attorneys are Heather A. Dunn, Esq., Anisha A. Mehta, Esq., Carissa L. Bouwer, Esq., Jordan A. Chisek, Esq., Pei Heng Li, Esq., Susan Acquista, Esq., and Aislinn N. Smalling, Esq. Gina Durham, Esq. of DLA Piper LLP (US), is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      555 Mission Street, Suite 2400
      San Francisco, California 94105-2933
      United States
      415-836-2506(phone)
      415-836-2501(fax)
      tmfilings@us.dlapiper.com
The docket/reference number is 431629-105.
Gina Durham, Esq. 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:

Gina Durham, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: tmfilings@us.dlapiper.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): carolanne.bashir@us.dlapiper.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 $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: /Tom Trowbridge/   Date: 07/21/2022
Signatory's Name: Tom Trowbridge
Signatory's Position: CEO
Signatory's Phone Number: 9175387838
Signature method: Sent to third party for signature
Payment Sale Number: 97513862
Payment Accounting Date: 07/21/2022

Serial Number: 97513862
Internet Transmission Date: Thu Jul 21 15:02:29 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XX-2022072115022992
3338-97513862-820d2b49ffb119e3ecb6c836fd
7b1c3641d9063dc4b46623b7624bf963cb7751-D
A-02290434-20220720164351138147