Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86017227

Filing Date: 07/23/2013

To the Commissioner for Trademarks:

MARK: CORIANT (Standard Characters, see mark)
The literal element of the mark consists of CORIANT.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, XIEON NETWORKS S.a.r.l., a private limited company legally organized under the laws of Luxembourg, having an address of
      7, rue Lou Hemmer
      Luxembourg-Findel L-1748
      Luxembourg


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 software; software for telecommunication networks, switch control boxes; fibre optic cables; fibre optic couplings, fibre optic panels, fibre optic periscopes, fibre optic receptors, fibre optic telecommunications apparatus, fibre optic terminals, fibre optic viewers (not for medical purposes), fibre optical elements, fibre optics, junction sleeves for fibre optics, optical fibre cables, optical fibre sensors, optical fibre temperature probes, other than for medical use, optical transmitters for use with fibre optic cables, sheaths for optical fibre cable
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Germany application number 30 2013 013 710.8, filed 01/25/2013. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 009:  Telecommunication and data networking equipment; networking hardware; devices for transporting, switching and aggregating voice, data and video communications across multiple network infrastructures and communications protocols; optical network products; switches, add/drop multiplexers, amplifiers, optical transporters, optoelectronic transceivers, communications hubs, optical waveguides and regenerators; telecommunications network hardware and software for interconnecting, managing, controlling and operating core, enterprise, metropolitan, local and wide area networks; optical transport hardware and computer software platforms for use in the transmission and routing of internet, voice, video and data communications; optical network computer operating systems; optical link management software application suites for use in the transmission and routing of internet, voice, video and data communications; scientific, optical and signalling apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; optical communication products; telecommunications and fibre optics installations, apparatus and instruments; telecommunications and fibreoptics network management apparatus, and switching and interconnecting units for use therewith; computer hardware; identifying, prioritising and routing switches; computer peripherals; digital communication network switches; ATM switches; optical fibres, optical amplifiers, optical wave guides, optical transmitters and optical receivers; multiplexers; apparatus and instruments for recordal, storage, processing, analysis, transmission, distribution and/or display of data; parts and fittings for all the aforesaid goods
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Germany application number 30 2013 039 553.0, filed 07/02/2013. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 037:  Installation and repair of telecommunications networks (hardware); installation of integrated radio networks (hardware); installation of wireless telecommunications equipment and wireless local area networks (hardware); installation of communications network instruments; installation of computer networks (hardware); installation of data network apparatus
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Germany application number 30 2013 013 710.8, filed 01/25/2013. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 037:  Installation, maintenance and repair of telecommunications equipment and network systems; information, advice and consultancy in respect of all of the aforesaid services
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Germany application number 30 2013 039 553.0, filed 07/02/2013. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 038:  Telecommunication services; fibre optic telecommunications services; consultancy in the field of telecommunications; communication of data by means of telecommunications; data transmission services over telecommunications networks; data transmission and reception services via telecommunication means; digital network telecommunications services; hire of telecommunications installations; internet based telecommunication services; operating of electronic communications systems; operating of electronic communications networks; operation of wideband telecommunications networks; providing telecommunications connections to a global computer network or databases; provision of telecommunications access to databases and the internet
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Germany application number 30 2013 013 710.8, filed 01/25/2013. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 038:  Telecommunications, communications, telephone, facsimile, telex, message collection and transmission, radiopaging and electronic mail services; satellite communication services; leasing or rental of apparatus, instruments, installations or components for use in the provision of all the aforementioned services; advisory, information and consultancy services relating to all the aforementioned services, including online information services
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Germany application number 30 2013 039 553.0, filed 07/02/2013. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 041:  Computer training and conducting courses, classes, seminars and work-shops for using, maintaining, monitoring and controlling software and hardware in the field of telecommunications systems; information, advice and consultancy in respect of all the aforesaid services
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Germany application number 30 2013 039 553.0, filed 07/02/2013. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 042:  Development and design of software; programming of computer software for others; software development services, software engineering; software installation, software maintenance services, repair, maintenance, updating and upgrading of computer software, customisation of computer software; debugging computer software for others; computer software installation; computer software integration; computer software technical support services, rental of computer software, software consulting services; rental of computer software; rental of software for telecommunication networks; leasing of computer software
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Germany application number 30 2013 013 710.8, filed 01/25/2013. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 042:  Engineering services; technical and support services in the field of network architecture planning; analysis and design services for others; testing of telecommunication equipment; updating, installation and maintenance of computer software for interconnecting, managing, controlling and operating core, enterprise, metropolitan, local and wide area networks; scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware; information, advice and consultancy in respect of all the aforesaid services
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services and asserts a claim of priority based on Germany application number 30 2013 039 553.0, filed 07/02/2013. 15 U.S.C. Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      David G. Boutell and Terryence F. Chapman, Liane L. Churney, Brian R. Tumm, Eugene J. Rath III, Marcus P. Dolce and Sidney B. Williams, Jr. of FLYNN, THIEL, BOUTELL & TANIS, P.C.
      2026 Rambling Road
      Kalamazoo, Michigan 49008-1631
      United States
The attorney docket/reference number is 4076.T0044US.

The applicant hereby appoints David G. Boutell of FLYNN, THIEL, BOUTELL & TANIS, P.C.
      2026 Rambling Road
      Kalamazoo Michigan 49008-1631
      United States
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

David G. Boutell

FLYNN, THIEL, BOUTELL & TANIS, P.C.

2026 Rambling Road

Kalamazoo, Michigan 49008-1631

(269) 381-1156(phone)

(269) 381-5465(fax)

docket@flynnthiel.com (authorized)

A fee payment in the amount of $1625 has been submitted with the application, representing payment for 5 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /David G. Boutell/   Date: 07/23/2013
Signatory's Name: David G. Boutell
Signatory's Position: Attorney at Law with Power of Attorney from Applicant, Michigan Bar Member
RAM Sale Number: 86017227
RAM Accounting Date: 07/23/2013

Serial Number: 86017227
Internet Transmission Date: Tue Jul 23 11:39:13 EDT 2013
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2013072311391369
7604-86017227-5007b15f323a0e3b53c72f6766
ca68bdc15eae636f9eca42d1a0eebb31c799bb66
-CC-10173-20130723100314041491