| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78301867 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
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NOTICE OF SUSPENSION Action on this application is suspended pending the disposition of: -Application Serial No(s). 76-142724 Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application(s) was sent previously. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later. It is argued that the prior application is not in conflict with our application. The prior application is for portable digital cameras (that take digital photographs). Our application is for 2.4 GHz wireless security surveillance cameras. This is a totally different kind of product. Also, since our company name is X10, and we have been selling these 2.4 GHz wireless security surveillance cameras using the trade name XCam for many years, it is further argued that we (X10) and the name XCam have already become synonymous with 2.4 GHz wireless security surveillance cameras. Ask anyone who makes 2.4 GHz wireless security surveillance cameras, or who makes the XCam and the answer will almost certainly be X10. |
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| SIGNATURE SECTION | |
| SIGNATURE | /Dave Rye/ |
| SIGNATORY NAME | Dave Rye |
| SIGNATORY POSITION | Director of Tech Srvs. |
| SIGNATORY DATE | 06/01/2004 |
| SIGNATURE | /Dave Rye/ |
| SIGNATORY NAME | Dave Rye |
| SIGNATORY POSITION | Director of Tech Srvs. |
| SIGNATORY DATE | 06/01/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Jun 01 21:13:28 EDT 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2004 0601211328230226-78301867 -200d3af1db5941a8799e266a 01eb7b-N-N-20040601211310 193245 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78301867 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
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NOTICE OF SUSPENSION Action on this application is suspended pending the disposition of: -Application Serial No(s). 76-142724 Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application(s) was sent previously. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later. It is argued that the prior application is not in conflict with our application. The prior application is for portable digital cameras (that take digital photographs). Our application is for 2.4 GHz wireless security surveillance cameras. This is a totally different kind of product. Also, since our company name is X10, and we have been selling these 2.4 GHz wireless security surveillance cameras using the trade name XCam for many years, it is further argued that we (X10) and the name XCam have already become synonymous with 2.4 GHz wireless security surveillance cameras. Ask anyone who makes 2.4 GHz wireless security surveillance cameras, or who makes the XCam and the answer will almost certainly be X10. |
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| Declaration Signature |
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| 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. Section 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 amendment/response on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, and that the mark is in use in commerce, and was in use in commerce on the application filing date, on or in connection with the goods and/or services listed in the application; or, if the application is being filed under 15 U.S.C. Section 1051(b), 1126(d) or 1126(e), he/she believes applicant to be entitled to use such mark in commerce, and that the applicant has a bona fide intention, and had a bona fide intention on the application filing date, to use the mark in commerce on or in connection with the goods and/or services listed in the application; 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 and/or services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true as set forth within the original application and/or the submitted amendment/response. | |
| Signature: /Dave Rye/ Date: 06/01/2004 | |
| Signatory's Name: Dave Rye | |
| Signatory's Position: Director of Tech Srvs. | |
| Response Signature | |
| Signature: /Dave Rye/ Date: 06/01/2004 | |
| Signatory's Name: Dave Rye | |
| Signatory's Position: Director of Tech Srvs. | |
| Serial Number: 78301867 | |
| Internet Transmission Date: Tue Jun 01 21:13:28 EDT 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2004060121132823022 6-78301867-200d3af1db5941a8799e266a01eb7 b-N-N-20040601211310193245 |