TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88202768

Filing Date: 11/21/2018

To the Commissioner for Trademarks:

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

The applicant, WILLOW TECHNOLOGY CORPORATION PTY LTD, a proprietary limited company (p/l or pty. ltd.) legally organized under the laws of Australia, having an address of
      Governor Phillip Tower
      Level 21, 1 Farrer Place
      Sydney 2000
      Australia

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:  Building automation installations; Electronic digital automation installations for measuring building services installations; Electronic digital building automation systems; Electronic instruments for controlling systems associated with buildings; Electronic instruments for controlling systems in buildings; Electronic instruments for monitoring systems associated with buildings; Electronic instruments for monitoring systems in buildings; Sensors for real time data output apparatus; Integrated facility management installations
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Australia application number 1960642, filed 10/09/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 035:  Business services, namely, analysis of facility operations and operational efficiency in a building or other facility, and providing recommendations to facility managers; Business services, namely, analysis of infrastructure operation in a building or other facility and maintenance thereof, including for the purposes of monitoring contractual performance
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Australia application number 1960642, filed 10/09/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 042:  Preparation and delivery of digital three-dimensional representations of buildings and other facilities; providing real-time data regarding operational status of infrastructure within a building or other facility, building research services, including investigations into operation of physical infrastructure and human movements within a building or other facility; Software as a service (SAAS) services featuring software that provides a three-dimensional virtual representation of a building or other facility and provides a display of operation of infrastructure within the building or other facility; Software as a service (SAAS) services featuring software that that collects and analyses data and provides recommendations for optimization of buildings and other facilities
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.

Priority based on foreign filing: 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 and asserts a claim of priority based on Australia application number 1960642, filed 10/09/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      Lorraine Linford and Camille M. Miller, Melanie Miller, J. Trevor Cloak, Chanel Lattimer, Brianne Polito, Ashley Kessler, Mayura Noordyke of Cozen O'Connor
      #1900
      999 3rd Avenue
      Seattle, Washington 98101
      United States
      206-340-1000(phone)
      (206) 621-8783(fax)
      LLinford@cozen.com (authorized)
The attorney docket/reference number is 930001.204.

The applicant hereby appoints Lorraine Linford of Cozen O'Connor
      #1900
      999 3rd Avenue
      Seattle Washington 98101
      United States
      206-340-1000(phone)
      (206) 621-8783(fax)
      LLinford@cozen.com (authorized)
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Lorraine Linford

Cozen O'Connor

#1900       999 3rd Avenue

Seattle, Washington 98101

206-340-1000(phone)

(206) 621-8783(fax)

LLinford@cozen.com;phipdocketing@cozen.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 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 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 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 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: /Lorraine Linford/   Date: 11/21/2018
Signatory's Name: Lorraine Linford
Signatory's Position: Attorney for Applicant, Washington State Bar Member
Payment Sale Number: 88202768
Payment Accounting Date: 11/23/2018

Serial Number: 88202768
Internet Transmission Date: Wed Nov 21 15:04:46 EST 2018
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2018112115044612
7241-88202768-610ba94cce9ae8fa34810f37fe
d4d2b8c1f245a6764941aeee83051d92c1ac1eb-
CC-4044-20181121115242246457