TEAS RF New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86601535

Filing Date: 04/17/2015

To the Commissioner for Trademarks:

MARK: PHOTON (stylized and/or with design, see mark)

The literal element of the mark consists of PHOTON.
The applicant is not claiming color as a feature of the mark. The mark consists of a circle with spheres and dots followed by the word PHOTON in all capital letters.
The applicant, VMware, Inc., a corporation of Delaware, having an address of
      3401 Hillview Avenue
      Palo Alto, Illinois 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 009:  Downloadable computer operating system software for use with virtualized software containers and cloud-hosted software applications
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)).



The applicant's current Attorney Information:
      Brett A. August and Andrew R. Hughes of Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
      200 S. Wacker Drive
      Chicago, Illinois 60606-5896
      United States
The attorney docket/reference number is 02217-00145.

The applicant's current Correspondence Information:

Brett A. August

Pattishall McAuliffe Newbury Hilliard & Geraldson LLP

200 S. Wacker Drive

Chicago, Illinois 60606-5896

312-554-8000(phone)

312-554-8015(fax)

baugust@pattishall.com;kjl@pattishall.com; sm@pattishall.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; 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 goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like 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 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: /Matthew Marquis/   Date: 04/17/2015
Signatory's Name: Matthew Marquis
Signatory's Position: VP and Deputy General Counsel
RAM Sale Number: 86601535
RAM Accounting Date: 04/20/2015

Serial Number: 86601535
Internet Transmission Date: Fri Apr 17 16:30:08 EDT 2015
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2015041716300886
1347-86601535-5307f4134e95ecd7f23408645a
0cd11dac3a816b1d6eb72240c87fab1725107010
-DA-3130-20150417161350853205