| Serial Number | 87214859 |
| Word Mark | NEVERFAIL |
| Filing Date | Tuesday, October 25, 2016 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, June 12, 2018 |
| Registration Number | 5489275 |
| Registration Date | Tuesday, June 12, 2018 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 27, 2018 |
| Description of Mark | The mark consists of a cloud with an electrical current preceding the word "Neverfail". |
| Goods and Services | Downloadable cloud-computing software for enabling real-time analysis of virtual machines and applications and rapid switching to alternate servers in the event of service disruptions or failures, as well as non-downloadable cloud-based software that enables backup and archiving of very large data sets and virtual machines |
| Pseudo Mark | NEVER FAIL |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Computer services, namely, cloud hosting provider services |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, October 28, 2016 |
| Primary Code | 009 |
| First Use Anywhere Date | Thursday, August 18, 2016 |
| First Use In Commerce Date | Thursday, August 18, 2016 |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, October 28, 2016 |
| Primary Code | 042 |
| First Use Anywhere Date | Wednesday, July 20, 2016 |
| First Use In Commerce Date | Wednesday, July 20, 2016 |
| Party Name | HIERHOLZER HOLDINGS INC. |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 03 - Corporation |
| Address | AUSTIN, TX 78738 |
| Party Name | NEVERFAIL, LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | AUSTIN, TX 78738 |
| Party Name | NEVERFAIL, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | AUSTIN, TX 78738 |
| Party Name | NEVERFAIL, LLC |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | AUSTIN, TX 78738 |
| Party Name | Neverfail, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Austin, TX 78738 |
| Event Date | Event Description |
| Monday, June 12, 2023 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Thursday, December 2, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, December 2, 2021 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Thursday, December 2, 2021 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, October 28, 2020 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Tuesday, June 12, 2018 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, March 27, 2018 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, March 27, 2018 | PUBLISHED FOR OPPOSITION |
| Wednesday, March 7, 2018 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, February 20, 2018 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, February 20, 2018 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, February 20, 2018 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, February 20, 2018 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, February 20, 2018 | EXAMINERS AMENDMENT -WRITTEN |
| Saturday, February 10, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, February 9, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, February 9, 2018 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Wednesday, August 9, 2017 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Wednesday, August 9, 2017 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, August 9, 2017 | FINAL REFUSAL E-MAILED |
| Wednesday, August 9, 2017 | FINAL REFUSAL WRITTEN |
| Tuesday, August 8, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, August 7, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, August 7, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, February 7, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, February 7, 2017 | NON-FINAL ACTION E-MAILED |
| Tuesday, February 7, 2017 | NON-FINAL ACTION WRITTEN |
| Thursday, February 2, 2017 | ASSIGNED TO EXAMINER |
| Saturday, October 29, 2016 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, October 28, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, October 28, 2016 | NEW APPLICATION ENTERED |