Application

PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 10/31/2024. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 97271394

Filing Date: 02/17/2022

To the Commissioner for Trademarks:

MARK: THORN (Standard Characters, see mark)
The literal element of the mark consists of THORN. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ZUMTOBEL GROUP AG, a aktiengesellschaft legally organized under the laws of Austria, having an address of
      Höchsterstraße 8
      Dornbirn 6850
      Austria
      XXXX

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:  Electric and electronic equipment for the operation of light-emitting diodes and discharge lamps; light control installations; brightness regulation and control devices; regulating and control devices and equipment for lighting installations and lights, for building installations, for monitoring installations and for safety installations; dimmers; light dimmers, electric regulators; light sensors; sensors and detectors for lights and lighting installations; light emitting diodes; organic light-emitting diodes; quantum dot light-emitting diodes; lenses for focusing light; optical lenses; optical lamps; optical prisms; software for lighting apparatus and installations; downloadable computer software and software applications for computers, in particular programs for designing and planning lighting installations and programs for controlling lighting installations and shading devices; flashing lights, luminous signals; chips, namely, integrated circuits; electric apparatus for commutation and electrical control boards; semi-conductors; luminous signalling apparatus; luminous signalling panels; luminous road signs; signs, luminous; materials for electricity mains, wires, cables; optical apparatus and instruments for lights and lighting installations; optical fibers, light conducting filaments; lighting ballasts; electrified rails for mounting spotlights, for lights and for lighting installations

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 Austria application number AM 12272/2021, filed 08/20/2021.
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.

Based on Foreign Registration: 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 will submit a copy of Austria registration number __________, and/or proof of renewal, registered __________ with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate.

International Class 011:  Lighting installations, devices and equipment and lights; lighting apparatus with light-emitting diodes; LED luminaires; recessed luminaires; surface mounted luminaires; recessed wall luminaires; wall mounted luminaires; standard lamps; table luminaires; office luminaires; working place luminaires; safety luminaires; indicator luminaires; emergency luminaires; rescue luminaires; exit luminaires; clean room luminaires; ceiling luminaires; pendant luminaires; spot lights; downlights; high bay reflector luminaires; moisture-proof luminaires; continuous-row luminaires; lighting strips; facade lighting; facade lighting for indoor and outdoor facades; floodlight luminaires; floodlight installations; garden floodlight luminaires; exterior luminaires; street lights; lanterns for lighting; living room luminaires; luminaires for gardens, paths and open spaces; lamps; light modules and lights with light emitting diodes or discharge lamps being for lighting; light sources containing light-emitting diodes not included in other classes; electric lamps; suspension pendants for lights; lamp casings and grilles for directing light; reflectors and covers for luminaires and lamps; lamp sockets; light projectors; light diffusers; safety lamps; floor lamps; street lamps

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 Austria application number AM 12272/2021, filed 08/20/2021.
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.

Based on Foreign Registration: 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 will submit a copy of Austria registration number __________, and/or proof of renewal, registered __________ with a renewal date of __________ and an expiration date of __________, and translation thereof, if appropriate.



The owner's/holder's proposed attorney information: John J. O'Malley. Other appointed attorneys are Michael F. Snyder, Carey Kulp. John J. O'Malley of VOLPE KOENIG, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 1800
      30 South 17th Street
      Philadelphia, Pennsylvania 19103
      United States
      215-568-6400(phone)
      215-568-6499(fax)
      Trademarks@vklaw.com
The docket/reference number is HAH-TM139.
John J. O'Malley submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant hereby appoints John J. O'Malley of VOLPE KOENIG
      30 South 17th Street
      Suite 1800
      Philadelphia Pennsylvania 19103
      United States
      215-568-6400(phone)
      215-568-6499(fax)
      Trademarks@vklaw.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

John J. O'Malley

PRIMARY EMAIL FOR CORRESPONDENCE: Trademarks@vklaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): JOMalley@vklaw.com; CKulp@vklaw.com; CBystrycki@vklaw.com; DWolf@vklaw.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $700 has been submitted with the application, representing payment for 2 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: Not Provided    Date: Not Provided
Signatory's Name: Not Provided
Signatory's Position: Not Provided
Signatory's Phone Number: Not Provided
Payment Sale Number: 97271394
Payment Accounting Date: 02/17/2022

Serial Number: 97271394
Internet Transmission Date: Thu Feb 17 11:16:21 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20220217111621293
932-97271394-810fd12f4a34c82a606f931da94
0d115d38babbcfb9937e9ce8fe5c6c116ccb894-
CC-16204416-20220217111156704012