| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 78340893 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
We respectfully submit that there is no likelihood of confusion between the mark STARS of the instant application (used in connection with RFID systems), and pending application serial number 78254772 for the term STAR used in connection with "Satellite tracking and reporting system comprised of transmitters, microcontrollers, receivers, transponders, computer software and computer hardware all used to monitor, track, regulate, manage, control, and locate persons and for reporting locations and violations by such persons for use by correctional, law enforcement, healthcare, medical and security systems, facilities, and agencies." RFID systems are used primarily for item level tracking and inventory control throughout the product supply chain from manufacturing to retail. This is in sharp contrast to the GPS satellite network used for tracking criminals specified in pending application 78254772. The purchasers of the applicants RFID systems would certainly not confuse the source of the RFID systems with the source of a criminal locating systems used by government authorities, as the two are completely different goods, are sold through different channels of trade, and are sold to sophisticated purchasers who have a relationship with the source of the goods. Accordingly, we respectfully submit that the application is allowable, and we respectfully request that it be passed to publication. |
|
| GOODS AND/OR SERVICES SECTION (1st class)(current) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| hardware and software for use with RFID (radio frequency identification) systems namely, antennas, tags, readers and associated system software as well as services associated with such systems | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (1st class)(proposed) | |
| INTERNATIONAL CLASS | 009 |
| DESCRIPTION | |
| hardware and software for use with RFID systems namely, antennas, tags, readers and associated RFID system software | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (2nd class)(current) | |
| INTERNATIONAL CLASS | 037 |
| DESCRIPTION | |
| repair and installation services associated with hardware and software for use with RFID (radio frequency identification) systems, namely, antennas, tags, readers and associated system software | |
| FILING BASIS | Section 1(b) |
| GOODS AND/OR SERVICES SECTION (2nd class)(proposed) | |
| INTERNATIONAL CLASS | 037 |
| DESCRIPTION | |
| repair and installation services associated with RFID systems, namely, antennas, tags, readers and associated system software | |
| FILING BASIS | Section 1(b) |
| SIGNATURE SECTION | |
| SIGNATURE | /Frank A. Cona/ |
| SIGNATORY NAME | Frank A. Cona |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATORY DATE | 12/30/2004 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Dec 30 20:26:32 EST 2004 |
| TEAS STAMP | USPTO/OA-XXXXXXXXXXXX-200 41230202632125180-7834089 3-200e2fec5231e3a7344170d 1407416d77-N-N-2004123020 2606328895 |
| PTO Form 1966 (Rev 9/2002) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 78340893 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
We respectfully submit that there is no likelihood of confusion between the mark STARS of the instant application (used in connection with RFID systems), and pending application serial number 78254772 for the term STAR used in connection with "Satellite tracking and reporting system comprised of transmitters, microcontrollers, receivers, transponders, computer software and computer hardware all used to monitor, track, regulate, manage, control, and locate persons and for reporting locations and violations by such persons for use by correctional, law enforcement, healthcare, medical and security systems, facilities, and agencies." RFID systems are used primarily for item level tracking and inventory control throughout the product supply chain from manufacturing to retail. This is in sharp contrast to the GPS satellite network used for tracking criminals specified in pending application 78254772. The purchasers of the applicants RFID systems would certainly not confuse the source of the RFID systems with the source of a criminal locating systems used by government authorities, as the two are completely different goods, are sold through different channels of trade, and are sold to sophisticated purchasers who have a relationship with the source of the goods. Accordingly, we respectfully submit that the application is allowable, and we respectfully request that it be passed to publication. |
|
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 009 for hardware and software for use with RFID (radio frequency identification) systems namely, antennas, tags, readers and associated system software as well as services associated with such systems | |
| Original Filing Basis: 1(b). | |
| Proposed: Class 009 for hardware and software for use with RFID systems namely, antennas, tags, readers and associated RFID system software | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 037 for repair and installation services associated with hardware and software for use with RFID (radio frequency identification) systems, namely, antennas, tags, readers and associated system software | |
| Original Filing Basis: 1(b). | |
| Proposed: Class 037 for repair and installation services associated with RFID systems, namely, antennas, tags, readers and associated system software | |
| Response Signature | |
| Signature: /Frank A. Cona/ Date: 12/30/2004 | |
| Signatory's Name: Frank A. Cona | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 78340893 | |
| Internet Transmission Date: Thu Dec 30 20:26:32 EST 2004 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXXXXX-200412302026321251 80-78340893-200e2fec5231e3a7344170d14074 16d77-N-N-20041230202606328895 |