UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/559479
APPLICANT: MobileAccess Networks Ltd
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CORRESPONDENT ADDRESS: ATTN: BOX INTELLECTUAL PROPERTY |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: MOBILEACCESS NETWORKS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 69978.0003
CORRESPONDENT EMAIL ADDRESS: |
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 76/559479
This letter responds to the applicant’s communication filed on September 17, 2004.
The abandonment of the prior pending application is noted.
Registration was refused under Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1), because the subject matter for which registration is sought is merely descriptive of the identified goods/services.
The examining attorney has considered the applicant’s arguments carefully but has found them unpersuasive. For the reasons below, the refusal under Section 2(e)(1) is maintained and made FINAL.
A mark is merely descriptive under Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1), if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods/services. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); In re Bed & Breakfast Registry, 791 F.2d 157, 229 USPQ 818 (Fed. Cir. 1986); In re MetPath Inc., 223 USPQ 88 (TTAB 1984); In re Bright‑Crest, Ltd., 204 USPQ 591 (TTAB 1979); TMEP §1209.01(b).
The applicant seeks to register MOBILE ACCESS NETWORKS and design for “design for others of wireless fiber optic radio frequency communication solutions and wireless telecommunications products for the distribution of radio frequency, namely, telecommunications, telephone and wireless signal converters and point to multi-point fiber optic and wireless signal distributors.”
As set forth in the first Office action, MOBILE ACCESS NETWORKS is descriptive because it immediately describes a feature of the services, namely, the type of products that the applicant designs for others. As evidenced by the representative articles from a search of the Internet, which were attached to the first action, the phrase MOBILE ACCESS NETWORKS is used to identify a particular type of network.
In its response the applicant characterizes the evidence as showing use of the terms MOBILE, ACCESS and NETWORK in proximity to each other. This statement certainly understates the significance of the stories, which show use of “MOBILE ACCESS NETWORK” as a unitary phrase to identify a particular type of network; the evidence does not merely show the words used near one another. Nonetheless, the examining attorney attaches several additional Internet stories as well as representative articles from a search of the Lexis database. Collectively, this evidence demonstrates that the unitary phrase MOBILE ACCESS NETWORKS is descriptive.
Accordingly, the refusal is maintained and made FINAL.
If the applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). The applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
/Patty Evanko/
Trademark Attorney
Law Office 112
571-272-9404
patty.evanko@uspto.gov (questions only)
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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.
108B8C
Print Request: Selected Document(s): 2,8,10,11,13,18,20,25,27,31,32,37,39
42
Time of Request: October 22, 2004 12:34 PM EDT
Number of Lines: 305
Job Number: 1861:16856481
Client ID/Project Name:
Research Information:
News, All (English, Full Text)
("mobile access networks")
Send to: EVANKO, PATTY
TRADEMARK LAW LIBRARY
2101 CRYSTAL PLAZA ARC
MAILBOX 314
ARLINGTON, VA 22202-4600
2 of 83 DOCUMENTS
Copyright 2004 Financial Times Information
All rights reserved
Global News Wire - Asia Africa Intelligence Wire
Copyright 2004 Panafrican News Agency
Panafrican News Agency (PANA) Daily Newswire
May 21, 2004
FT-ACC-NO: A200405232D5-82A3-GNW
LENGTH: 308 words
HEADLINE: MOBILE GROWTH IN AFRICA ROOTS IN FIXED LINE SERVICES
BODY:
...for GSM type communications. However, these call for a strong core and edge telecommunications infrastructure to support the growth in mobile access networks," he explained.
The growth in mobile services leads to capacity constraints in backhauling of base stations to core switching network that ...
8 of 83 DOCUMENTS
Copyright 2003 Warren Publishing, Inc.
Communications Daily
June 3, 2003, Tuesday
SECTION: TODAY'S NEWS
LENGTH: 782 words
HEADLINE: SUPERCOMM IS TOLD VoIP IS EMERGING AS DOMINANT FORCE
BODY:
...infrastructure, and the fact that VoIP was "highly resilient in a catastrophe."
Telcos will face increasing competition, including from new mobile access networks, said Hugh Bradlow, CTO of Australia's Telstra, but he said traditional telcos still had the advantages of engineering strength, existing ...
10 of 83 DOCUMENTS
Copyright 2003 Telestrategies, Inc.
Billing World and OSS Today
February, 2003
SECTION: CONTRACTS
LENGTH: 87 words
HEADLINE: New Products and Upgrades
BODY:
...Service Selection Node is an active network element that analyses all IP traffic, identifying services accessed through the mobile access network based on protocol and IP destination, as do basic service selection gateways. This enables operators to control access to, and charge for, ...
11 of 83 DOCUMENTS
Copyright 2003 The Deal L.L.C.
Daily Deal (New York, NY)
January 28, 2003 Tuesday
SECTION: VC
LENGTH: 368 words
HEADLINE: Giga Stream lands $10M
BYLINE: by Joshua Jaffe in London
BODY:
The company makes a switch that enables mobile service providers to offer their customers seamless roaming between different mobile access networks such as 2G, 3G and wireless local area networks. It claims that its flagship product, the UMTS Navigation Switch, provides carriers with ...
13 of 83 DOCUMENTS
Copyright 2002 M2 Communications Ltd.
M2 PRESSWIRE
December 19, 2002
LENGTH: 612 words
HEADLINE: VoluBill
VoluBill introduces solution for operator access control to mobile IP services; Service Selection Node analyses IP traffic to differentiate,control access to and charge for data services
BODY:
...Service Selection Node is an active network element that analyses all IP traffic, identifying services accessed through the mobile access network based on protocol and IP destination, as with a basic service selection gateway.
This enables operators to control access to, and charge ...
...dedicated software module that analyses, selects, controls and accounts for usage for all IP data traffic received from the mobile access network. In addition, the VoluBill D2CP standard Service Controller is used to control service sessions, interface with prepaid and report usage ...
18 of 83 DOCUMENTS
Copyright 2002 Business Wire, Inc.
Business Wire
November 5, 2002, Tuesday
DISTRIBUTION: Business & Technology Editors
LENGTH: 995 words
HEADLINE: STMicroelectronics Debuts World's Most Advanced Smart Card Memory Technology
DATELINE: GENEVA, Nov. 5, 2002
BODY:
New "Page Flash" Technology Will Benefit Mobile Access Networks And Mobile Multimedia Services
STMicroelectronics (NYSE: STM), the world's third largest semiconductor supplier, today announced the world's most ...
20 of 83 DOCUMENTS
Copyright 2002 Reed Business Information US, a division of
Reed Elsevier, Inc. All Rights Reserved
Electronic News
June 24, 2002
SECTION: Features and Departments; Connect with Fleck; Pg. 30
LENGTH: 600 words
HEADLINE: Telecom Down, But Not In China
BYLINE: By Ken Fleck
BODY:
...about 100 million units this year with more than 60 percent of the output flowing into the international market.
Both fixed telecom and mobile access networks will grow significantly this year. The entire capacity of PABX and mobile equipment will exceed 100 million lines. In ...
25 of 83 DOCUMENTS
Copyright 2002 Gale Group, Inc.
ASAP
Copyright 2002 Reed Business Information
Electronic Packaging & Production
February 1, 2002
SECTION: No. 2, Vol. 42; Pg. 15; ISSN: 0013-4945
IAC-ACC-NO: 83296349
LENGTH: 252 words
HEADLINE: Flextronics acquires majority stake in Orbiant; EMS Update; Brief Article
BODY:
...networks and other equipment for fixed and mobile data and telecommunications. Companies within the group provide advanced services for mobile access networks, IP networks for corporate customers, public networks and standardized installation.
"The sale of Orbiant is an important part of Telia's ...
27 of 83 DOCUMENTS
Copyright 2002 Business Wire, Inc.
Business Wire
January 21, 2002, Monday
DISTRIBUTION: Business Editors
LENGTH: 1089 words
HEADLINE: Megisto Systems' Mobile Subscriber Service Architecture Enables Full Potential of Wireless Data Networks
DATELINE: GERMANTOWN, Md., Jan. 21, 2002
BODY:
...user by creating new kinds of services that their subscribers want and need, and allows them to effectively bill for these services.
"Upgrading the mobile access network to 2.5G technology is just the first step toward creating desirable and profitable wireless services," said Gordon Saussy, co- ...
31 of 83 DOCUMENTS
Copyright 2001 ComputerWire
ComputerWire
October 30, 2001
SECTION: Network Briefing Daily; Financial News
LENGTH: 327 words
HEADLINE: Telia Sells 90% Orbiant Stake to Flextronics
BODY:
...maintenance of networks and equipment for businesses, Wireless Network Management, formerly part of Telia Mobile AB, which provides services to mobile access networks including GSM and UMTS offering such services, and Telia Systems that handles projects management, integration and implementation of business systems.
Flextonics ...
32 of 83 DOCUMENTS
Copyright 2001 PR Newswire Association, Inc.
PR Newswire
October 29, 2001, Monday
SECTION: FINANCIAL NEWS
DISTRIBUTION: TO BUSINESS AND TECHNOLOGY EDITORS
LENGTH: 1079 words
HEADLINE: Flextronics to Acquire Majority Stake in Orbiant From Telia;
Deal Increases Flextronics Network Services Offering
DATELINE: STOCKHOLM, Sweden, Oct. 29
BODY:
...networks and other equipment for fixed and mobile data and telecommunications. Companies within the group provide advanced services for mobile access networks, IP networks for corporate customers, public networks and standardized installation.
"The sale of Orbiant is an important part of Telia's ...
37 of 83 DOCUMENTS
Copyright 2001 Crain Communications, Inc.
RCR Wireless News
May 28, 2001, Monday
SECTION: Pg. 31
LENGTH: 901 words
HEADLINE: Waiting on wireless data
BYLINE: Mike Dano
BODY:
...second version of its ''Network Reference Architecture Technical Report MTR-004,'' which the group said will help the further integration of mobile access networks with Internet protocol-based solutions for next-generation mobile devices.
The report focuses on the architecture behind a ...
39 of 83 DOCUMENTS
Copyright 2001 PR Newswire Association, Inc.
PR Newswire
May 8, 2001, Tuesday
SECTION: FINANCIAL NEWS
DISTRIBUTION: TO BUSINESS AND TECHNOLOGY EDITORS
LENGTH: 655 words
HEADLINE: New Report Released Today Outlines Architecture for Next Generation Internet-Enabled Mobile Solutions;
Mobile Wireless Internet Forum's Network Reference Architecture Outlines Global Architecture for Mobile Devices and Internet Connectivity
DATELINE: LAS VEGAS, May 8
BODY:
...004, Version 2." As a technology and market catalyst, this report describes and defines the instrumental architecture that further enables the integration of mobile access networks with IP-based solutions to be merged into next generation mobile devices. Copies of the report are free and available at www.mwif. ...
42 of 83 DOCUMENTS
Copyright 2001 Financial Times Information
All rights reserved
Global News Wire
Copyright 2001 Kasturi Sons Ltd (KSL)
Business Line
April 18, 2001
FT-ACC-NO: A2001041816C9-123-GNW
LENGTH: 1022 words
HEADLINE: INDIA: INFINITY IN ONE'S PALM
BYLINE: 2005 OR SO, THE NUMBER OF SUBSCRIBERS OF MOBILE COMMUNICATION WILL HAVE
BODY:
...generation wide-band radio-access technology offers new opportunities.
With wideband radio-access technology becoming available, mobile access networks will use asynchronous transfer mode (ATM) and Internet protocol (IP) to provide efficient and flexible transport and routing capabilities.
The ...
108B8C
********** Print Completed **********
Time of Request: October 22, 2004 12:34 PM EDT
Print Number: 1861:16856481
Number of Lines: 305
Number of Pages: