| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76593233 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Although the applicant mark and the cited mark are similar, the goods or services to which they apply are not related, nor marketed to the same groups, and as a result, no confusion with respect to the marks is likely to occur. Specifically, the cited mark refers to computer software used in the field of computer network security. On the other hand, the applicant mark refers to software which is used to integrate video surveillance cameras pointed at doors and other physical entry points of buildings to the building's access control and monitoring programs. Although both pertain to security, the cited mark pertains only to computer network security while the applicant mark pertains only to physical building security. |
|
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\765\932\76593233\xml2\ ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE | The page submitted is from an applicant product brochure describing in general terms the scope of the applicant's business, which relates only to the physical security of buildings. |
| EVIDENCE FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\765\932\76593233\xml2\ ROA0003.JPG |
| DESCRIPTION OF EVIDENCE FILE | The page submitted is from an applicant product brochure describing in general terms the scope of applicant's business, which relates only to the physical security of buildings. |
| EVIDENCE FILE NAME | \\TICRS\EXPORT10\IMAGEOUT 10\765\932\76593233\xml2\ ROA0004.JPG |
| DESCRIPTION OF EVIDENCE FILE | The page submitted is from an applicant product brochure describing the product referred to by the applicant mark, demonstrating that its use is limited to building security as opposed to any other type of security. |
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | Digital surveillance systems |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| Digital surveillance systems consisting of computer hardware with embedded software for integrating video surveillance installations with access control and alarm monitoring for building security | |
| FILING BASIS | Section 1(b) |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Christine A. Robison/ |
| SIGNATORY NAME | Christine A. Robison |
| SIGNATORY POSITION | Attorney |
| SIGNATURE DATE | 06/10/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Jun 10 16:51:04 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXX-20050 610165104175231-76593233- 2006cc33bac7cc410be612cea 9588529ac2-N-N-2005061016 4715307377 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76593233 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
Although the applicant mark and the cited mark are similar, the goods or services to which they apply are not related, nor marketed to the same groups, and as a result, no confusion with respect to the marks is likely to occur. Specifically, the cited mark refers to computer software used in the field of computer network security. On the other hand, the applicant mark refers to software which is used to integrate video surveillance cameras pointed at doors and other physical entry points of buildings to the building's access control and monitoring programs. Although both pertain to security, the cited mark pertains only to computer network security while the applicant mark pertains only to physical building security. |
|
| Evidence | |
| Evidence in the nature of The page submitted is from an applicant product brochure describing in general terms the scope of the applicant's business, which relates only to the physical security of buildings. has been attached. | |
| Evidence-1 | |
| Evidence in the nature of The page submitted is from an applicant product brochure describing in general terms the scope of applicant's business, which relates only to the physical security of buildings. has been attached. | |
| Evidence-2 | |
| Evidence in the nature of The page submitted is from an applicant product brochure describing the product referred to by the applicant mark, demonstrating that its use is limited to building security as opposed to any other type of security. has been attached. | |
| Evidence-3 | |
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 009 for Digital surveillance systems | |
| Original Filing Basis: 1(b). | |
| Proposed: Class 009 for Digital surveillance systems consisting of computer hardware with embedded software for integrating video surveillance installations with access control and alarm monitoring for building security | |
| Response Signature | |
| Signature: /Christine A. Robison/ Date: 06/10/2005 | |
| Signatory's Name: Christine A. Robison | |
| Signatory's Position: Attorney | |
| Serial Number: 76593233 | |
| Internet Transmission Date: Fri Jun 10 16:51:04 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXX-20050610165104175231 -76593233-2006cc33bac7cc410be612cea95885 29ac2-N-N-20050610164715307377 |
