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: 97841267

Filing Date: 03/15/2023

To the Commissioner for Trademarks:

MARK: X (stylized and/or with design, see mark)
The literal element of the mark consists of X. The applicant is not claiming color as a feature of the mark. The mark consists of a stylized X having inward radiating and progressively smaller Xs.
The applicant, Nutanix, Inc., a corporation of Delaware, having an address of
      1740 Technology Drive, Suite 150
      San Jose, California 95110
      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 virtual computer systems and virtual computer environments through cloud computing; Cloud computing featuring non-downloadable software for use in hyperconverged and distributed computing, data storage, computing, virtualization, computer system and network security, networking, and the management thereof; Cloud computing featuring non-downloadable software for management, integration, and unification of public, private, edge, and hybrid clouds; Cloud computing featuring non-downloadable software for migration of virtualized applications, business continuity and data backup for computing systems and applications, disaster recovery, computer cluster management and provisioning, upgrading of software on computing servers, providing database-as-a-service (DBaaS) services, ransomware detection, and database management including provisioning, backup, cloning, policies, and access control for databases; Cloud computing featuring software for use in enterprise and cloud computing platforms, hyperconverged computing infrastructure, and the management thereof; Computer services, namely, bare-metal as a service (BMaaS); Computer services, namely, designing and implementing the integration of computer software into multiple systems and networks for others; Computer services, namely, integration of computer software into multiple systems and networks; Computer services, namely, providing the management and unification of private, public, edge, and hybrid cloud computing environments; Computer services, namely, integration of private, public, edge and hybrid cloud computing environments; Consulting in the field of virtualization technologies for enterprises and businesses; Consulting services in the field of software as a service (SaaS); Consulting services in the field of cloud computing; Consulting services in the field of providing online, non-downloadable software and applications; Consulting services in the fields of selection, implementation and use of computer hardware and software systems for others; Platform as a service (PaaS) featuring computer software platforms for use in hyperconverged and distributed computing, data storage, computing, virtualization, computer system and network security, networking, and the management thereof; Platform as a service (PaaS) featuring computer software platforms for management, integration, and unification of public, private, edge, and hybrid clouds; Platform as a service (PaaS) featuring computer software platforms for migration of virtualized applications, business continuity and data backup for computing systems and applications, disaster recovery, computer cluster management and provisioning, upgrading of software on computing servers, providing database-as-a-service (DBaaS) services, ransomware detection, and database management including provisioning, backup, cloning, policies, and access control for databases; Providing temporary use of on-line non-downloadable cloud computing software for use in hyperconverged and distributed computing, data storage, computing, virtualization, computer system and network security, networking, and the management thereof; Providing temporary use of on-line non-downloadable cloud computing software for management, integration, and unification of public, private, edge, and hybrid clouds; Providing temporary use of on-line non-downloadable cloud computing software for migration of virtualized applications, business continuity and data backup for computing systems and applications, disaster recovery, computer cluster management and provisioning, upgrading of software on computing servers, providing database-as-a-service (DBaaS) services, ransomware detection, and database management including provisioning, backup, cloning, policies, and access control for databases; Providing virtual computer systems and virtual computer environments through cloud computing; Providing virtual computer systems through cloud computing; Software as a service (SaaS) services featuring software for use in hyperconverged and distributed computing, data storage, computing, virtualization, computer system and network security, networking, and the management thereof; Software as a service (SaaS) services featuring software for management, integration, and unification of public, private, edge, and hybrid clouds; Software as a service (SaaS) services featuring software for migration of virtualized applications, business continuity and data backup for computing systems and applications, disaster recovery, computer cluster management and provisioning, upgrading of software on computing servers, providing database-as-a-service (DBaaS) services, ransomware detection, and database management including provisioning, backup, cloning, policies, and access control for databases; Technological planning and consulting services in the fields of datacenter architecture, public, private, edge and hybrid cloud computing solutions and the management thereof, hyperconverged and distributed computing systems and software therefor, virtualization, data storage, software upgrade, database management, disaster recovery, data backup, and evaluation and implementation of internet technology and services; Technical consulting services in the fields of datacenter architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and services; Technological planning and support services in the fields of remote and on-site computing infrastructure management and for the installation, monitoring, administration, security, provisioning, virtualization, troubleshooting, repairing, upgrading, and management of public, private, edge, and hybrid cloud computing systems, hyperconverged and distributed computing systems and software therefor, software applications, and cloud-based applications; Technical support services, namely, remote and on-site infrastructure management services for monitoring, administration and management of public and private cloud computing IT and application systems
Intent to Use: 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.




The owner's/holder's proposed attorney information: Lisa Greenwald-Swire. Other appointed attorneys are Keith A. Barritt, Vivian Cheng, Kristen McCallion, John P. McCormick, P. Weston Musselman, Jr., Debra S. Serota, Catherine H. Stockell, Jerre B. Swann, Jr., Ryan Thomas, Kerrijane John, Sarah Kelleher, Charles Bahlert, Jenifer deWolf Paine, Ryan Steinman, Darra Loganzo, Nathan Ranns, Meredith Bayer, Christopher Hoffman, Melissa Shannon, and Cynthia Johnson Walden. Lisa Greenwald-Swire of Fish & Richardson P.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
      P.O. Box 1022
      Minneapolis, Minnesota 55440-1022
      United States
      650-839-5070(phone)
      877-769-7945(fax)
      tmdoctc@fr.com
The docket/reference number is 404380190001.
Lisa Greenwald-Swire 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:

Lisa Greenwald-Swire

PRIMARY EMAIL FOR CORRESPONDENCE: tmdoctc@fr.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): greenwald-swire@fr.com; trademarkgroup-sv@fr.com; parkhurst@fr.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: /James Parsons/   Date: 03/15/2023
Signatory's Name: James E. Parsons
Signatory's Position: Deputy General Counsel
Signatory's Phone Number: 650-839-5070
Signature method: Sent to third party for signature
Payment Sale Number: 97841267
Payment Accounting Date: 03/15/2023

Serial Number: 97841267
Internet Transmission Date: Wed Mar 15 20:47:45 ET 2023
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2023031520474621
6071-97841267-860e180b77ba554183276f870f
34fbbceeaa2e069db6563d08818491c869be30-D
A-47459512-20230315180342439861