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: 86083055

Filing Date: 10/04/2013

To the Commissioner for Trademarks:

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

The applicant, Nest Labs, Inc., a corporation of Delaware, having an address of
      900 Hansen Way
      Palo Alto, California 94304
      United States


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:  Computer services, namely, providing a website featuring technology for use with devices for environmental monitoring and control; computer services, namely, providing a website featuring technology that allows users to remotely interact with environmental monitoring and control devices; platform as a service (PAAS) featuring computer software platforms for use with environmental monitoring and control devices that allows the sharing and transmission of data and information between devices for the purposes of facilitating environmental monitoring and control; software as a service (SAAS) services featuring computer software for use with environmental monitoring and control devices that allows the sharing and transmission of data and information between devices for the purposes of facilitating environmental monitoring and control
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 Jamaica application number 62311, filed 04/04/2013. 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:
      Thomas H. Zellerbach & Kristin S. Cornuelle and Diana M. Rutowski, Beth M. Goldman, Betsy W. Lee, Mary Beth Myles, Jillian Feinberg of Orrick, Herrington & Sutcliffe LLP

      IP Prosecution Department
      2050 Main Street, Suite 1100
      Irvine, California 92614-8255
      United States
The attorney docket/reference number is 26075.6013/1.

The applicant's current Correspondence Information:

Thomas H. Zellerbach & Kristin S. Cornuelle

Orrick, Herrington & Sutcliffe LLP

IP Prosecution Department       2050 Main Street, Suite 1100

Irvine, California 92614-8255

503-943-4828(phone)

949-567-6710(fax)

ipprosecution@orrick.com;kcornuelle@orrick.com;sfenton@orrick.com (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 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: /rjl/   Date: 10/04/2013
Signatory's Name: Richard J. Lutton, Jr.
Signatory's Position: Vice President and General Counsel
RAM Sale Number: 86083055
RAM Accounting Date: 10/07/2013

Serial Number: 86083055
Internet Transmission Date: Fri Oct 04 14:58:14 EDT 2013
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XX-20131004145814128
256-86083055-5009bcdb0a0fac874d36578d9a5
4a37567492f17cf5616302792c7b43199dbc-DA-
1389-20130930183850253008