Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76205636 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Identification of Goods/Requirement for Information

The Examining Attorney indicated that the identification of goods is unacceptable as indefinite and has requested additional information.  To address the indefiniteness issue, Applicant has adopted the amendments to the goods suggested by the Examining Attorney.  In addition, Applicant has deleted the item "gatekeepers" and also seeks to add the following goods, all of which have been accepted as sufficiently definite in U.S. Trademark Registration Nos. 2,786,957 and 2,791,963, both owned by Applicant:

AND ACCESS NETWORKS, NAMELY, LOCAL AREA NETWORKS AND WIDE AREA NETWORKS; COMPUTER HARDWARE, NAMELY, INTELLIGENT NETWORK APPARATUS, NAMELY, SERVICE CREATION ENVIRONMENT POINTS, SERVICE MANAGEMENT POINTS, SERVICE MANAGEMENT ACCESS POINTS, SERVICE CONTROL POINTS, FIXED NETWORK SERVICE SWITCHING POINTS, AND MOBILE NETWORK SERVICE SWITCHING POINTS; INTELLIGENT COMPUTER PERIPHERALS.

In view of Applicant’s amendments and the addition of the goods identified above that cannot be considered to be indefinite, Applicant respectfully submits that the goods are now sufficiently definite and are acceptable, and Applicant therefore respectfully requests that the requirement for information be withdrawn.

            In view of the foregoing, Applicant submits that the application is now in condition for allowance and publication for the purposes of opposition and such publication is hereby respectfully requested.   The undersigned invites the Examining Attorney to discuss with him by telephone any issues that may expedite acceptance of the subject mark.    

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for STORED PROGRAM CONTROLLED SWITCHING SYSTEMS, NAMELY, STORED PROGRAM CONTROLLED TELEPHONE SWITCHES, SWITCHES, GATEWAY SERVERS, GATEKEEPER, TRANSPORT; RADIO APPARATUS FOR TELECOMMUNICATION, NAMELY, RADIO PAGERS, CELLULAR BASE STATIONS, CELLULAR CONTROL CENTERS, HANDSETS, WIRELESS TERMINALS, MOBILE TELEPHONES, MOBILE STATIONS, MOBILE TELEPHONE SWITCHES, AND RF (RADIO FREQUENCY) POWER TRANSISTORS; DATA COMMUNICATION APPARATUS, NAMELY, TELEPHONES, CELLULAR PHONES, COMMUNICATION SERVERS, ROUTERS, HUBS, MODEMS, ACCESS SERVERS, ATM SWITCHES, ETHERNET SWITCHES, AND LAN SWITCHES; TRANSMISSION APPARATUS FOR COMMUNICATION PURPOSES, NAMELY, TELECOMMUNICATION TRANSCEIVERS, CENTRAL OFFICE AND REMOTE TERMINALS, CHANNEL BANKS, ELECTRONIC PLUG-INS AND PAIR-GAIN APPARATUS, NETWORK MULTIPLEXERS, DATA COMMUNICATION MULTIPLEXERS AND CONCENTRATORS, AND ACCESS NETWORKS; INTELLIGENT NETWORK APPARATUS, NAMELY, SERVICE CREATION ENVIRONMENT POINTS, SERVICE MANAGEMENT POINTS, SERVICE MANAGEMENT ACCESS POINTS, SERVICE CONTROL POINTS, FIXED NETWORK SERVICE SWITCHING POINTS, AND MOBILE NETWORK SERVICE SWITCHING POINTS; INTELLIGENT PERIPHERALS; INTEGRATED CIRCUITS
Original Filing Basis: 1(b).
Proposed: Class 009 for STORED PROGRAM CONTROLLED SWITCHING SYSTEMS, NAMELY, STORED PROGRAM CONTROLLED TELEPHONE SWITCHES, ELECTRIC SWITCHES, GATEWAY COMMUNICATION SERVERS, TRANSPORT DRIVERS; RADIO APPARATUS FOR TELECOMMUNICATION, NAMELY, RADIO PAGERS, CELLULAR BASE STATIONS, HANDSETS, WIRELESS TERMINALS, MOBILE TELEPHONES, MOBILE TELEPHONE SWITCHES, AND RF (RADIO FREQUENCY) POWER TRANSISTORS; DATA COMMUNICATION APPARATUS, NAMELY, TELEPHONES, CELLULAR PHONES, COMMUNICATION SERVERS, ROUTERS, HUBS, MODEMS, ACCESS COMMUNICATION SERVERS, ASYNCHRONOUS TRANSFER MODE (ATM) SWITCHES, ETHERNET SWITCHES, AND LOCAL AREA NETWORK (LAN) SWITCHES; TRANSMISSION APPARATUS FOR COMMUNICATION PURPOSES, NAMELY, TELECOMMUNICATION TRANSCEIVERS, CHANNEL BANKS, NETWORK MULTIPLEXERS, DATA COMMUNICATION MULTIPLEXERS AND CONCENTRATORS, AND ACCESS NETWORKS, NAMELY, LOCAL AREA NETWORKS AND WIDE AREA NETWORKS; COMPUTER HARDWARE, NAMELY, INTELLIGENT NETWORK APPARATUS, NAMELY, SERVICE CREATION ENVIRONMENT POINTS, SERVICE MANAGEMENT POINTS, SERVICE MANAGEMENT ACCESS POINTS, SERVICE CONTROL POINTS, FIXED NETWORK SERVICE SWITCHING POINTS, AND MOBILE NETWORK SERVICE SWITCHING POINTS; INTELLIGENT COMPUTER PERIPHERALS; INTEGRATED CIRCUITS
Filing Basis: 1(b).

Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had 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 as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §1001, and that such willful false statements 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. §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; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /David S. Kashman/      Date: 10/05/2006
Signatory's Name: David S. Kashman
Signatory's Position: Attorney for Applicant

Response Signature
Signature: /David S. Kashman/     Date: 10/05/2006
Signatory's Name: David S. Kashman
Signatory's Position: Attorney for Applicant
        
Serial Number: 76205636
Internet Transmission Date: Thu Oct 05 14:36:53 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2006100514365398
6136-76205636-340d011dc274452b84611cd7ec
30ac619-N/A-N/A-20061005142702380773