| PTO Form 2194 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
| Input Field |
Entered |
| SERIAL NUMBER | 76600503 |
| LAW OFFICE ASSIGNED | LAW OFFICE 112 |
| DATE OF NOTICE OF ABANDONMENT | 09/19/2005 |
| PETITION | |
| PETITION STATEMENT | Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application. |
| RESPONSE TO OFFICE ACTION | |
| MARK SECTION (no change) | |
| OWNER SECTION (current) | |
| NAME | Force10 Networks, Inc. |
| STREET | 1440 Mccarthy Boulevard |
| CITY | Milpitas |
| STATE | California |
| ZIP/POSTAL CODE | 95035 |
| COUNTRY | US |
| OWNER SECTION (proposed) | |
| NAME | Force10 Networks, Inc. |
| STREET | 1440 Mccarthy Boulevard |
| CITY | Milpitas |
| STATE | California |
| ZIP/POSTAL CODE | 95035 |
| COUNTRY | US |
| XXXX | |
| LEGAL ENTITY SECTION (current) | |
| TYPE | CORPORATION |
| STATE/COUNTRY OF INCORPORATION | CA |
| LEGAL ENTITY SECTION (proposed) | |
| TYPE | CORPORATION |
| STATE/COUNTRY OF INCORPORATION | Delaware |
| ARGUMENT(S) | |
| In response to the Office Action dated February 8, 2005, applicant hereby responds as follows.
SPECIMEN In the Office Action dated February 8, 2005, the Examining Attorney requested a specimen "showing the mark as it is used in commerce on the goods or on packaging for the goods." Applicant's previously submitted specimen was used at least as a display during a point-of-sale presentation. See Exhibit A. Exhibit A is a picture showing applicant's specimen used as a display during the May 2004 Network World Interop. Id. Exhibit B is an affidavit signed by Andrew Fetter attesting to the facts surrounding the May 2004 Network World Interop. See Exhibit B. Under TMEP 904.06, a display associated with the goods is an example of an acceptable specimen. The display must be 1) associated with the goods in a way that relates the goods and the display, 2) the display must bear the trademark and 3) the display must be used at a point-of-sales presentation. In re Ancha Electronics Inc., 1 USPQ 2d 1318 (TTAB 1986). Regarding the first factor, Exhibit A shows that applicant's specimen was resting to the right of the router shown in the picture. See Exhibit A. Furthermore, applicant's specimen includes a picture of the router that it rests next to. Moreover, a tent card (see Exhibit C) including applicant's mark E-SERIES and a picture of the router is shown to be resting on top of the router. See Exhibits A and C. The close proximity, reinforced by the specimen's picture of the router, related the goods and the specimen. Regarding the second factor, the upper left portion of applicant's specimen shows the mark E-SERIES. The portion showing the mark E-SERIES is prominently colored in bright orange and strongly contrasts with the blue, grey and white background. Thus a consumer would link the specimen, the mark E-SERIES and the router. Regarding the third factor, applicant's specimen was used in a point-of-sales presentation. Applicant used the specimen to solicit orders for the product. See Exhibit B. Furthermore, applicant exchanged contact information at the May 2004 Network World Interop to facilitate additional meetings. Id. These additional meetings led to orders for the product shown in the picture and in applicant's specimen. Id. Thus applicant used the specimen during a point-of-sales presentation. In summary, applicant has demonstrated that the specimen, the mark E-SERIES and applicant's goods were related to each other during a point-of-sales presentation. Therefore, applicant's specimen at least meets the criteria set forth in TMEP 904.06 for a display-type specimen.
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| EVIDENCE SECTION | |
| EVIDENCE FILE NAME | \\TICRS\EXPORT8\IMAGEOUT8 \766\005\76600503\xml1\PO A0002.JPG |
| EVIDENCE FILE NAME | \\TICRS\EXPORT8\IMAGEOUT8 \766\005\76600503\xml1\PO A0003.JPG |
| EVIDENCE FILE NAME | \\TICRS\EXPORT8\IMAGEOUT8 \766\005\76600503\xml1\PO A0004.JPG |
| EVIDENCE FILE NAME | \\TICRS\EXPORT8\IMAGEOUT8 \766\005\76600503\xml1\PO A0005.JPG |
| DESCRIPTION OF EVIDENCE FILE | Exhibit A is a digital photograph of E-SERIES specimen used for display purposes during a trade show. Exhibit B is a Declaration of Force10 Networks, executed by Marketing Manager, Andrew Fetter. Exhibit C is a scanned copy of E-SERIES tent card utilized during trade shows and point of sale presentations |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | STANDARD CHARACTER CLAIM: The mark is presented in standard characters without claim to any particular font style, size, or color. |
| PAYMENT SECTION | |
| TOTAL AMOUNT | 100 |
| TOTAL FEES DUE | 100 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /michael a cofield/ |
| SIGNATORY'S NAME | Michael A. Cofield |
| SIGNATORY'S POSITION | Attorney |
| DATE SIGNED | 11/15/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Nov 15 18:37:34 EST 2005 |
| TEAS STAMP | USPTO/POA-XXX.XXX.XXX.X-2 0051115183734468921-76600 503-3207bffb8ff8f794d3cc4 ed4f26826860f4-CC-588-200 51115182347252591 |
| PTO Form 2194 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
| Application serial no. 76600503 is amended as follows: | |
| PETITION | |
| Petition Statement | |
| Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application. | |
| RESPONSE TO OFFICE ACTION | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
| In response to the Office Action dated February 8, 2005, applicant hereby responds as follows.
SPECIMEN In the Office Action dated February 8, 2005, the Examining Attorney requested a specimen "showing the mark as it is used in commerce on the goods or on packaging for the goods." Applicant's previously submitted specimen was used at least as a display during a point-of-sale presentation. See Exhibit A. Exhibit A is a picture showing applicant's specimen used as a display during the May 2004 Network World Interop. Id. Exhibit B is an affidavit signed by Andrew Fetter attesting to the facts surrounding the May 2004 Network World Interop. See Exhibit B. Under TMEP 904.06, a display associated with the goods is an example of an acceptable specimen. The display must be 1) associated with the goods in a way that relates the goods and the display, 2) the display must bear the trademark and 3) the display must be used at a point-of-sales presentation. In re Ancha Electronics Inc., 1 USPQ 2d 1318 (TTAB 1986). Regarding the first factor, Exhibit A shows that applicant's specimen was resting to the right of the router shown in the picture. See Exhibit A. Furthermore, applicant's specimen includes a picture of the router that it rests next to. Moreover, a tent card (see Exhibit C) including applicant's mark E-SERIES and a picture of the router is shown to be resting on top of the router. See Exhibits A and C. The close proximity, reinforced by the specimen's picture of the router, related the goods and the specimen. Regarding the second factor, the upper left portion of applicant's specimen shows the mark E-SERIES. The portion showing the mark E-SERIES is prominently colored in bright orange and strongly contrasts with the blue, grey and white background. Thus a consumer would link the specimen, the mark E-SERIES and the router. Regarding the third factor, applicant's specimen was used in a point-of-sales presentation. Applicant used the specimen to solicit orders for the product. See Exhibit B. Furthermore, applicant exchanged contact information at the May 2004 Network World Interop to facilitate additional meetings. Id. These additional meetings led to orders for the product shown in the picture and in applicant's specimen. Id. Thus applicant used the specimen during a point-of-sales presentation. In summary, applicant has demonstrated that the specimen, the mark E-SERIES and applicant's goods were related to each other during a point-of-sales presentation. Therefore, applicant's specimen at least meets the criteria set forth in TMEP 904.06 for a display-type specimen.
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| Evidence | |
| Evidence in the nature of Exhibit A is a digital photograph of E-SERIES specimen used for display purposes during a trade show. Exhibit B is a Declaration of Force10 Networks, executed by Marketing Manager, Andrew Fetter. Exhibit C is a scanned copy of E-SERIES tent card utilized during trade shows and point of sale presentations has been attached. | |
| Evidence-1 | |
| Evidence-2 | |
| Evidence-3 | |
| Evidence-4 | |
| Procedural Matters/Informalities | |
| Applicant proposes to amend the following: | |
| Original: Force10 Networks, Inc., a corporation of CA, having an address of 1440 Mccarthy Boulevard Milpitas, California US 95035. | |
| Proposed: Force10 Networks, Inc., a corporation of Delaware, having an address of 1440 Mccarthy Boulevard Milpitas, California US 95035, whose e-mail address is XXXX. | |
| Additional Statements | |
| STANDARD CHARACTER CLAIM: The mark is presented in standard characters without claim to any particular font style, size, or color. | |
| Fees | |
| Fee(s) in the amount of $100 is being submitted. | |
| Petition/Response Signature | |
| Signature: /michael a cofield/ Date: 11/15/2005 | |
| Signatory's Name: Michael A. Cofield | |
| Signatory's Position: Attorney | |
| Serial Number: 76600503 | |
| Internet Transmission Date: Tue Nov 15 18:37:34 EST 2005 | |
| TEAS Stamp: USPTO/POA-XXX.XXX.XXX.X-2005111518373446 8921-76600503-3207bffb8ff8f794d3cc4ed4f2 6826860f4-CC-588-20051115182347252591 |
