UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/340263
APPLICANT: VODAVI COMMUNICATIONS SYSTEMS, INC.
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CORRESPONDENT ADDRESS: STEVEN M WEINBERG GREENBERG TRAURIG LLP 2375 E CAMELBACK RD STE 700 PHOENIX AZ 85016-9000
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom103@uspto.gov
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MARK: XTS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 69976.000234
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/340263
Applicant’s application was been reinstated by the Assistant Commissioner’s Office on December 30, 2002. Please note the following Final refusal as to the recitation of goods.
The wording “Computer programs and hardware comprising an expandable communications telephony system allowing for digital-based communication via telephones, fax machines, the Internet and all other forms of telephonic modalities” in the identification of goods is unacceptable as indefinite. The applicant must state the FUNCTION the software performs. The applicant may amend the wording to “computer telephony systems, namely, computers, telephones, automated dialers, hardware, and software used in connection with interactive digitized, synthesized and/or audio recognition technology for use in delivering and/or receiving data, messages and/or programming commands,” if accurate. TMEP §1402.01.
Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700. If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
Lesley LaMothe
Trademark Attorney
Law Office 103
703-308-9103 ext. 186
fax- 703-746-8103
e-mail- lesley.lamothe@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.