Owner Avocent Huntsville Corp.

Service Davies Collison Cave

Various Provisions of paragraph 44(3)(b) and/or Reg 4.15A(3)(b) applied.

Filing Date 21 September 2006

Class 9 Computer software being software for integrating graphic information with words and data, namely, computer software for use in the planning, design, operation, monitoring and management of data centres, information technology assets and resources (such as servers, power distribution units, and power and cooling equipment), and computer networks, including for use in connection with space planning and management, bandwidth and server capacity planning and management, hardware acquisition and installation, consolidation and relocation, operations management, availablity and continuity, energy planning and management, energy usage, and power and cooling capacity; computer software used to plan, track, manage, and configure an enterprise's physical space, to map the physical location and placement of personnel, tangible objects, and power, cooling, and connectivity sources in buildings, and to improve the efficiency of workplace space allocation; computer software used to remotely monitor, manage, and control the operation of power, cooling, and connectivity sources in buildings; all of the foregoing specifically excluding computer software used in the field of photography, cinematography, videography, digital imaging, and other still and moving imaging processes, including software used to manage, organize, edit, retouch, process, manipulate, file, view, display, store, deliver, reproduce, and share images, and to create documents incorporating such images

Class 35 Business management and consulting including business consulting services in the field of data centres, including technology assets and resources, computer networks, space planning and management, capacity planning and management, hardware acquistion and installation, consolidation and relocation, operations management, availability and continuity, energy planning and management, and power and cooling capacity; none of the aforementioned being business management and consulting services in the field of cinematography, videography, digital imaging, and other still and moving image technologies

Class 41 Educational services and training services, namely, conducting classes, seminars, conferences, and workshops in the field of data centres, including technology assets and resources, computer networks, space planning and management, capacity planning and management, hardware acquisition and installation, consolidation and relocation, operations management, availablity and continuity, energy planning and management, and power and cooling capacity; none of the aforementioned being educational services in the field of cinematography, videography, digital imaging, and other still and moving image technologies