Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85257447 XS (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85257447) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Non-downloadable software for enabling Unified IP Communications across various networks, media and devices

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Business consulting services in the fields of telecommunications, Unified IP Communications, Voice over Internet-Protocol (VoIP), Wide Area Networking (WAN), and network management and security
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/03/2009 and first used in commerce at least as early as 09/03/2009 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Business consulting services in the fields of telecommunications, Unified IP Communications, Voice over Internet-Protocol (VoIP), Wide Area Networking (WAN), and network management and security; Business consulting services in the fields of telecommunications, Unified IP Communications, Voice over Internet-Protocol (VoIP), Wide Area Networking (WAN), and network managementClass 035 for Business consulting services in the fields of telecommunications, Unified IP Communications, Voice over Internet-Protocol (VoIP), Wide Area Networking (WAN), and network management
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/03/2009 and first used in commerce at least as early as 09/03/2009 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Installation, servicing, maintenance and repair of telecommunications and data networking hardware for providing Unified IP Communications services across multiple network infrastructures and communication protocols
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/03/2009 and first used in commerce at least as early as 09/03/2009 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Installation, servicing, maintenance and repair of telecommunications and data networking hardware for providing Unified IP Communications services across multiple network infrastructures and communication protocols; Installation, maintenance and repair of telecommunications and data networking hardware for providing Unified IP Communications services across multiple network infrastructures and communication protocolsClass 037 for Installation, maintenance and repair of telecommunications and data networking hardware for providing Unified IP Communications services across multiple network infrastructures and communication protocols
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/03/2009 and first used in commerce at least as early as 09/03/2009 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Unified IP Communications services that facilitate communications across various networks, media and devices, namely, communication via computer terminals, by digital transmission, or by satellite; Voice over Internet-Protocol (VoIP) services; video, audio and data conferencing services
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/03/2009 and first used in commerce at least as early as 09/03/2009 , and is now in use in such commerce.

Proposed: Class 038 for Unified IP Communications services that facilitate communications across various networks, media and devices, namely, communication via computer terminals, by digital transmission, or by satellite; Voice over Internet-Protocol (VoIP) services; video, audio and data conferencing services
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/03/2009 and first used in commerce at least as early as 09/03/2009 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software as a Service (SaaS) provider featuring software for enabling unified communications across various networks, media and devices, namely, software for queuing, handling, logging, recording, monitoring, tracking, supervision, management and routing of telephone calls, facsimile transmissions, video, e-mails, and web based messages, and software for monitoring and management of computer and network systems for security and application optimization purposes; installation, servicing, maintenance and repair of application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; integration of telecommunications and data networking equipment and application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; computer services, namely, WAN design; application optimization services, namely, updating of computer network configurations; development of security systems and contingency planning for computer networks
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/03/2009 and first used in commerce at least as early as 09/03/2009 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Software as a Service (SaaS) provider featuring software for enabling unified communications across various networks, media and devices, namely, software for queuing, handling, logging, recording, monitoring, tracking, supervision, management and routing of telephone calls, facsimile transmissions, video, e-mails, and web based messages, and software for monitoring and management of computer and network systems for security and application optimization purposes; Software as a Service (SaaS) provider featuring software for enabling unified communications across various networks, media and devices, namely, software for queuing, handling, logging, recording, monitoring, tracking, supervision, management and routing of telephone calls, video, e-mails, and web based messages, and software for monitoring and management of computer and network systems for security and application optimization purposes; installation, servicing, maintenance and repair of application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; integration of telecommunications and data networking equipment and application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; computer services, namely, WAN design; application optimization services, namely, updating of computer network configurations; development of security systems and contingency planning for computer networks; providing temporary use of non-downloadable computer software for enabling Unified IP Communications across various networks, media and devices; computer security consultancyClass 042 for Software as a Service (SaaS) provider featuring software for enabling unified communications across various networks, media and devices, namely, software for queuing, handling, logging, recording, monitoring, tracking, supervision, management and routing of telephone calls, video, e-mails, and web based messages, and software for monitoring and management of computer and network systems for security and application optimization purposes; installation, servicing, maintenance and repair of application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; integration of telecommunications and data networking equipment and application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; computer services, namely, WAN design; application optimization services, namely, updating of computer network configurations; development of security systems and contingency planning for computer networks; providing temporary use of non-downloadable computer software for enabling Unified IP Communications across various networks, media and devices; computer security consultancy
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/03/2009 and first used in commerce at least as early as 09/03/2009 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /L. Kyle Ferguson/     Date: 11/22/2011
Signatory's Name: L. Kyle Ferguson
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: (972) 378-9111

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 85257447
Internet Transmission Date: Tue Nov 22 15:04:53 EST 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2011112215045353
0498-85257447-490b578e31dea90b6c65a868c8
31ab5b86-N/A-N/A-20111122150304775424