To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation of North America (ptodocket@arelaw.com)
`
`U.S. TRADEMARK APPLICATION NO. 85266408 - PIVOT - 55210/685
`
`1/12/2012 2:43:15 PM
`
`ECOM108@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
`Attachment - 9
`Attachment - 10
`Attachment - 11
`Attachment - 12
`Attachment - 13
`Attachment - 14
`Attachment - 15
`Attachment - 16
`Attachment - 17
`Attachment - 18
`Attachment - 19
`Attachment - 20
`Attachment - 21
`Attachment - 22
`Attachment - 23
`Attachment - 24
`Attachment - 25
`Attachment - 26
`Attachment - 27
`Attachment - 28
`Attachment - 29
`Attachment - 30
`Attachment - 31
`Attachment - 32
`Attachment - 33
`Attachment - 34
`Attachment - 35
`Attachment - 36
`Attachment - 37
`Attachment - 38
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
` 
`

`

`MORTON AMSTER, ESQ.                
`AMSTER, ROTHSTEIN & EBENSTEIN LLP            
`NEW YORK, NY 10016-1301          
`
`90 PARK AVE
`
`         
`
`    APPLICATION SERIAL NO.      
`
`     MARK: PIVOT                 
`
`85266408
`
`    CORRESPONDENT ADDRESS:
`         
`
`*85266408*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`       APPLICANT:        
`America                  CORRESPONDENT’S REFERENCE/DOCKET NO :           
`   
`55210/685            CORRESPONDENT E-MAIL ADDRESS:           
`
`  Panasonic Corporation of North
`
`ptodocket@arelaw.com
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE
`RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
`
`OFFICE ACTION
`
`ISSUE/MAILING DATE: 1/12/2012
`
`THIS IS A FINAL ACTION.
`
`This Office action is in response to applicant’s communication filed on .
`
`The following requirements have been satisfied and are now withdrawn:  (1) clarification of identification of goods; (2) potential likelihood of
`
`confusion with prior pending application Ser. No. 85098284 (abandoned).  
`
`The applicant has argued against the refusal to register under Section 2(d) in view of one registered mark.  The examining attorney has
`considered the applicant’s arguments carefully but has found them unpersuasive.    For the reasons set forth below, the refusal under Trademark
`
`Action Section 2(d), 15 U.S.C. §1052(d) is now made FINAL with respect to U.S. Registration No. 1670731, 37 C.F.R. §2.64(a).  
`Section 2(d) Likelihood of Confusion
`
`Registration was refused under Trademark Act Section 2(d), 15 U.S.C. §1052 because the mark for which registration is sought so resembles the
`mark shown in U.S. Registration No. 1670731as to be likely, when used in connection with the identified goods, to cause confusion, or to cause
`mistake, or to deceive.
`
`Taking into account the relevant du Pont factors, a likelihood of confusion determination in this case involves a two-part analysis.  The marks
`are compared for similarities in their appearance, sound, connotation and commercial impression.  TMEP §§1207.01, 1207.01(b).  The goods
`and/or services are compared to determine whether they are similar or commercially related or travel in the same trade channels.  See Herbko
`Int’l, Inc. v. Kappa Books, Inc. , 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002); Han Beauty, Inc. v. Alberto-Culver Co., 236
`F.3d 1333, 1336, 57 USPQ2d 1557, 1559 (Fed. Cir. 2001); TMEP §§1207.01, 1207.01(a)(vi).
`
`Regarding the issue of likelihood of confusion, all circumstances surrounding the sale of the goods and/or services are considered.  These
`circumstances include the marketing channels, the identity of the prospective purchasers, and the degree of similarity between the marks and
`between the goods and/or services.  See Indus. Nucleonics Corp. v. Hinde, 475 F.2d 1197, 177 USPQ 386 (C.C.P.A. 1973); TMEP §1207.01.  In
`comparing the marks, similarity in any one of the elements of sound, appearance or meaning may be sufficient to find a likelihood of confusion. 
`In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988); In re Lamson Oil Co., 6 USPQ2d 1041, 1043 (TTAB 1987); see TMEP
`§1207.01(b).  In comparing the goods and/or services, it is necessary to show that they are related in some manner.  See On-line Careline Inc. v.
`Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); TMEP §1207.01(a)(vi).
`
`Finally, Trademark Action Section 2(d) bars registration where an applied-for-mark so resembles a registered mark that it is likely, when applied
`to the goods and/or services, to cause confusion, mistake or to deceive the potential consumer as to the source of the goods and/or services. 
`
` 
` 
` 
` 
` 
` 
` 
`  
` 
` 
` 
`

`

`TMEP §1207.01.  
`
`The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from
`adverse commercial impact due to use of a similar mark by a newcomer.  See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690
`(Fed. Cir. 1993).  Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant.  TMEP
`§1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper
`Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1025 (Fed. Cir. 1988).
`
`Applicant seeks registration of “PIVOT” in standard characters for “hand-held, mobile computing device, namely, a tablet computer.”   The
`cited mark in Registration No. 1670731 is “PIVOT” in typed form for “computer display monitors.”
`
`ARGUMENTS
`
`The applicant argues that  (1) there are other marks containing the word “PIVOT” in several third party registrations for competing products; (2)
`
`the goods are different.  The examining attorney respectfully disagrees with these arguments.  
`
`Comparison of the Marks
`
`In a likelihood of confusion determination, the marks are compared for similarities in their appearance, sound, meaning or connotation, and
`commercial impression.  In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-
`
`(b)(v).  
`
`  Thus, the marks are identical in terms of appearance and
`In the present case, applicant’s mark is PIVOT and registrant’s mark is PIVOT.
`sound.  In addition, the meaning, connotation, and commercial impression of the marks do not differ when used in connection with the parties’
`respective goods and/or services.
`
`Thus, the marks are confusingly similar.  
`
`Comparison of the Goods
`
`The applicant argues that the goods are different.  The goods and/or services of the parties need not be identical or directly competitive to find a
`likelihood of confusion.  See Safety-Kleen Corp. v. Dresser Indus., Inc., 518 F.2d 1399, 1404, 186 USPQ 476, 480 (C.C.P.A. 1975); TMEP
`§1207.01(a)(i).  Rather, it is sufficient to show that because of the conditions surrounding their marketing, or because they are otherwise related
`in some manner, the goods and/or services would be encountered by the same consumers under circumstances such that offering the goods
`and/or services under confusingly similar marks would lead to the mistaken belief that they come from, or are in some way associated with, the
`same source.  In re Iolo Techs., LLC, 95 USPQ2d 1498, 1499 (TTAB 2010); see In re Martin’s Famous Pastry Shoppe, Inc. , 748 F.2d 1565,
`1566-68, 223 USPQ 1289, 1290 (Fed. Cir. 1984); TMEP §1207.01(a)(i).
`
`In addition, where the marks of the respective parties are identical or virtually identical, the relationship between the relevant goods and/or
`services need not be as close to support a finding of likelihood of confusion.  See In re Shell Oil Co., 992 F.2d 1204, 1207, 26 USPQ2d 1687,
`1689 (Fed. Cir. 1993); In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202 (TTAB 2009); In re Thor Tech, Inc., 90 USPQ2d 1634, 1636 (TTAB
`2009); TMEP §1207.01(a).
`
`Here, the goods are highly related – tablet computers and computer monitors.  Attached are copies of printouts from the USPTO X-Search
`database, which show third-party registrations of marks used in connection with the same or similar goods as those of applicant and registrant in
`this case.  These printouts have probative value to the extent that they serve to suggest that the goods listed therein, namely tablet computers and
`computer monitors, are of a kind that may emanate from a single source.  In re Infinity Broad. Corp., 60 USPQ2d 1214, 1217-18 (TTAB 2001);
`In re Albert Trostel & Sons Co., 29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB
`1988); TMEP §1207.01(d)(iii).  See also Internet evidence showing  tablet computers and computer monitors provided by the same company.
`
`Alleged Weak Mark
`
`The Court of Appeals for the Federal Circuit and the Trademark Trial and Appeal Board have recognized that marks deemed “weak” or merely
`descriptive are still entitled to protection against the registration by a subsequent user of a similar mark for closely related goods and/or services. 
`In re Colonial Stores, Inc., 216 USPQ 793, 795 (TTAB 1982); TMEP §1207.01(b)(ix); see King Candy Co. v. Eunice King’s Kitchen, Inc. , 496
`F.2d 1400, 1401, 182 USPQ 108, 109 (C.C.P.A. 1974).  This protection extends to marks registered on the Supplemental Register.  TMEP
`§1207.01(b)(ix); see, e.g., In re Clorox Co., 578 F.2d 305, 307-08, 198 USPQ 337, 340 (C.C.P.A. 1978); In re Hunke & Jochheim, 185 USPQ
`188 (TTAB 1975).
`
`Because the marks are identical, and the goods highly related, the similarities among the marks and the relatedness of the goods are so great as to
`create a likelihood of confusion among consumers as to the source of the goods / services.  As such, the refusal for registration is made FINAL
`
` 
` 
` 
` 
` 
` 
` 
` 
` 
` 
` 
`

`

`under Trademark Act Section 2(d).
`
`PROPER RESPONSE TO FINAL ACTION
`
`If applicant does not respond within six months of the mailing date of this final Office action, the application will be abandoned.  15 U.S.C.
`
`§1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final Office action by:  
`
`(1)     Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or
`
`(2)     Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.
`
`37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.
`
`In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is
`limited to procedural issues.  37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining
`petitionable matters).  The petition fee is $100.  37 C.F.R. §2.6(a)(15).
`
`/cglasser/
`Caryn Glassser
`Trademark Examining Attorney
`Law Office 108
`Ph: 571 270-1517
`Fax: 571 270-2517
`caryn.glasser@uspto.gov
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using TEAS, to allow for necessary system updates of the application.  For technical assistance with online forms, e-
`mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.   E-mail
`communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
`
`response.  
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at
`http://tarr.uspto.gov/.   Please keep a copy of the complete TARR screen.   If TARR shows no change for more than six months, call
`1-800-786-9199.   For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.
`
` 
` 
` 
` 
` 
` 
` 
` 
` 
` 
`     
`

`

`Print: Jan 12, 2012
`
`?83859?8
`
`DESIGN MARK
`
`Serial Number
`18385918
`
`Status
`REGISTERED
`
`Word Mark
`HUMANEERING INNOVATIONS
`
`Standard Character Mark
`Yes
`
`Registration Number
`3199310
`
`Date Registered
`200THOlflfi
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[4]
`STANDARD CHARACTER MARK
`
`Owner
`Aiptek International Inc. CORPORATION TAIWAN No. 19, Industry East
`
`Road 4 Science—Based Industrial Park Hsin—Chu TAIWAN
`
`GoodsIServices
`Class Status —— ACTIVE.
`
`IC 009.
`
`US
`
`021 023 026 036 038.
`
`G a E:
`
`
`
`laptop computers, computer software
`Light pens, computer LCD monitors,
`namely programs for use with digital cameras, digital video recorders
`and digital appliances for visualizing, modifying and storing digital
`photographs, personal digital assistants featuring Internet access,
`computer joysticks, digital pens, computer keyboards, computer mouse,
`microprocessors, discs containing computer programs namely programs
`for use with digital appliances, digital appliance driver programs and
`programs for modifying digital images, computer touch pads, computer
`tablets, computer network interface cards, computer interface cards,
`modems, electronic memory cards, video recorders, digital cameras,
`camera lenses, magnification lenses, electronic video recorders,
`digital video recorders,
`telescopes, digital telescopes, refractive
`telescopes,
`lenses for optical purposes, electronic microscopes,
`projectors and video phones for remote control teleconferencing, video
`phones, camera phones, hands-free headsets of car phone for car use,
`teleconferencing facilities namely telephones and speakerphones, cell
`
`
`
`-1-
`
`

`

`Print: Jan 12, 2012
`
`?83859?8
`
`phones, signal reoeiverftransmitters, Internet phone adaptors,
`Internet routers, multifunctional digital transmitters, microprocessor
`chips,
`integrated circuits, magnetically encoded computer
`identification cards, magnetically encoded computer network value
`storage cards. First Use: 2004IOZIOB. First Use In Commerce:
`2004H02H09.
`
`Disclaimer Statement
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "INNOVATIONS" APART
`FROM THE MARK as SHOWN.
`
`Filing Date
`2004H03H17
`
`Examining Attorney
`BENMAMAN , ALICE
`
`Attemey of Record
`
`Javid J. Davis
`
`

`

`HUMANEERING
`INNOVATIONS
`
`

`

`Print: Jan 12, 2012
`
`1'87214-18
`
`DESIGN MARK
`
`Serial Number
`18121418
`
`Status
`REGISTERED
`
`Word Mark
`as ON BOARD
`
`Standard Character Mark
`Yes
`
`Registration Number
`3449448
`
`Date Registered
`2008f06fl1
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[4]
`STANDARD CHARACTER MARK
`
`Owner
`TECHBASE CO LTD COMPANY CAYMAN ISLANDS ZEPHYR HOUSE, MARY STREET, P.O.
`BOX 109 GEORGE TOWN CAYD‘LAN ISLANDS
`
`GoodsISe-rvices
`Class Status —— ACTIVE.
`
`IC 009.
`
`US
`
`021 023 026 036 038.
`
`G a 8:
`
`integrated
`Computer hardware, namely, semiconductors, microprocessors,
`circuits, printed circuit board level products, namely, graphics
`accelerator computer chips and related operation software, computer
`graphic cards, computer chips, computer chipsets, handheld computing
`devices and wireless communications devices, namely, cellular
`handsets, tablet computers, LCD displays, digital video recorders and
`players, electronic notepads and associated computer support and
`hardware for operating same: computer programs for modems, Personal
`Digital Assistant PDA devices processors, namely, handheld digital
`devices having programmable capacity and capacity to communicate by
`electronic, digital, microwave, broadband, analog, radio, and
`satellite using voice, graphics, video, data, sensory,
`infrared,
`ultraviolet, and laser audio transmissions in the nature of electronic
`personal organizers, mobile phones, smartphones, portable and
`pocket-size personal computers, palmtop computers in the nature of
`electronic personal organizers, personal navigational global
`
`
`
`
`
`-1-
`
`

`

`Pfint:Jan12,2012
`
`?872?¢18
`
`
`
`positioning systems [GPSJ, handheld and portable multimedia players,
`smart computers having context, user and location awareness and which
`may be outfitted and adaptable with modem, memory, PC MCIA slots, disk
`drives, keyboard, and monitor, mobile digital devices with computer
`notebook functionality and connectivity in a handheld portable
`micro-sized form and which may be adaptable and fitted with modem,
`memory, PC MCIA_slots, disk drives, keyboard, and monitor in the
`nature of electronic personal organizers, mobile phones, smartphones,
`portable and pocket—size personal computers, palmtop computers in the
`nature of electronic personal organizers, personal navigational Global
`Positioning Systems
`[GPS], handheld multimedia players, smart
`computers having context, user and location awareness and which may be
`outfitted and adaptable with modem, memory, PC MC:A_slots, disk
`drives, keyboard, and monitor, wireless digital devices in the nature
`of mobile and handheld phones, hands-free phones, handheld multimedia
`players, electronic personal organizers, electronic personal
`information management organizers, portable and pocket—size personal
`computers, palmtop computers in the nature of electronic personal
`organizers, smart computers having context, user and location
`awareness and which may be outfitted and adaptable with modem, memory;
`PC MCIA_slots, disk drives, keyboard, monitor, pocket printer, pocket
`camera, and pocket video camera,
`remote devices in the nature of
`portable micro sized computers with notebook functionality for the
`mobile enterprise having capabilities of remote desktop,
`remote email
`and transparency access to data, portable personal navigational Global
`Positioning Systems
`[GPS], smart computers having context, user and
`location awareness and with integrated multidimensional data, sound,
`video and graphics, portable multimedia player, public kiosks in the
`nature of computer terminals, and portable computer terminals both
`allowing dial—up connectivity and personal computer access,
`communication devices having capacity for acquisition, multiplexing,
`transmission, encoding, compression, filtering,
`transforming,
`decompression, decoding, demultiplexing and reception of
`communications data in the nature of smart phones, portable computers,
`portable interactive learning computers, electronic organizers, and
`voice-over software for transmitting and receiving communication
`signals, games and other data, parts and components thereof and
`accessories therefor:
`integrated circuits containing chipsets for
`spread spectrum modulation and demodulation, error correction encoding
`and decoding, voice coding and preprogrammed memories containing
`processor instructions and computer manuals sold as a unit. First
`Use: 1992f05I04. First Use In Commerce: 1992f05f04.
`
`
`
`Prior Registration{5}
`23121?9;2923804
`
`anglmfle
`2005f10f05
`
`Examining Attorney
`coRDovA, RAUL
`
`

`

`S3 ON BOARD
`
`

`

`Print: Jan 12, 2012
`
`787284-37
`
`DESIGN MARK
`
`Serial Number
`7872843?
`
`Status
`REGISTERED
`
`Word Mark
`SIGHT. SOUND. SPEED.
`
`Standard Character Mark
`Yes
`
`Registration Number
`3291870
`
`Date Registered
`2007f09fll
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[4]
`STANDARD CHARACTER MARK
`
`Owner
`33 Graphics Co., Ltd. CORPORATION CAXMAN ISLANDS 4th Floor, Zephyr
`House 122 Mary Street, PO Box 709 GT George Town, Grand Cayman CAYMAN
`ISLANDS
`
`GoodafServiees
`G & 8:
`021 023 026 036 038.
`US
`IC 009.
`Class Status —— ACTIVE.
`integrated
`Computer hardware; namely, semiconductors, microprocessors,
`circuits, printed circuit board level products, namely graphics
`accelerator computer chips and related operation software, computer
`graphic cards, computer chips, computer chipsets, handheld computing
`devices and wireless communications devices, namely, cellular
`
`handsets, tablet computers, LCD displays, digital video recorders and
`players, electronic notepads and associated computer support and
`hardware for operating same; computer programs for modems, Personal
`Digital Assistant PDA devices processors, namely, handheld digital
`devices having programmable capacity and capacity to communicate by
`electronic, digital, microwave, broadband, analog, radio, and
`satellite using voice, graphics, video, data, sensory,
`infrared,
`ultraviolet, and laser audio transmissions in the nature of electronic
`personal organizers, mobile phones, smartphones, portable and
`pocket—size personal computers, palmtop computers in the nature of
`
`-1-
`
`

`

`Pnnt:Jan12,2012
`
`78728‘37
`
`
`
`electronic personal organizers, personal navigational global
`positioning systems [GPS], handheld and portable multimedia players,
`smart computers having context, user and location awareness and which
`may be outfitted and adaptable with modem, memory, PC MCIA_slots, disk
`drives, keyboard, and monitor, mobile digital devices with computer
`notebook functionality and connectivity in a handheld portable
`micro-sized form and which may be adaptable and fitted with modem,
`memory, PC MCIA slots, disk drives, keyboard, and monitor in the
`nature of electronic personal organizers, mobile phones, smartphones,
`portable and pocket-size personal computers, palmtop computers in the
`nature of electronic personal organizers, personal navigational Global
`Positioning Systems
`[GPS], handheld multimedia players, smart
`computers having context, user and location awareness and which may be
`outfitted and adaptable with modem, memory, PC MCIA slots, disk
`drives, keyboard, and monitor, wireless digital devices in the nature
`of mobile and handheld phones, hands—free phones, handheld multimedia
`players, electronic personal organizers, electronic personal
`information management organizers, portable and pocket—size personal
`computers, palmtop computers in the nature of electronic personal
`organizers, smart computers having context, user and location
`awareness and which may be outfitted and adaptable with modem, memory;
`PC MCIH slots, disk drives, keyboard, monitor, pocket printer, pocket
`camera, and pocket video camera,
`remote devices in the nature of
`portable micro sized computers with notebook functionality for the
`mobile enterprise having capabilities of remote desktop,
`remote email
`and transparency access to data, portable personal navigational Global
`Positioning Systems
`[GPS], smart computers having context, user and
`location awareness and with integrated multidimensional data, sound,
`video and graphics, portable multimedia player, public kiosks in the
`nature of computer terminals, and portable computer terminals both
`allowing dial-up connectivity and personal computer access,
`communication devices having capacity for acquisition, multiplexing,
`transmission, encoding, compression, filtering,
`transforming,
`decompression, decoding, demultiplexing and reception of
`
`communications data in the nature of smart phones, portable computers,
`portable interactive learning computers, electronic organizers, and
`voice—over software for transmitting and receiving communication
`signals, games and other data, parts and components thereof and
`accessories therefor;
`integrated circuits containing chipsets for
`spread spectrum modulation and demodulation, error correction encoding
`and decoding, voice coding and preprogrammed memories containing
`processor instructions and computer manuals sold as a unit. First
`Use:
`lBQTfOEKOE. First Use In Commerce: 1991f05f06.
`
`
`
`Filing Date
`ZOOEHlOHOE
`
`Examining Attorney
`CORDCW'A, RAUL
`
`

`

`

`

`Print: Jan 12, 2012
`
`78731619
`
`DESIGN MARK
`
`Serial Number
`18131649
`
`Status
`REGISTERED
`
`Word Mark
`ACCELERAM
`
`Standard Character Mark
`Yes
`
`Registration Number
`3415830
`
`Date Registered
`2008f04f22
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[4]
`STANDARD CHARACTER MARK
`
`Owner
`VIA_Technologies, Inc. CORPORATION TAIWAN Attn: Legal Affairs 533
`Chung—Cheng Road, 8th Floor Hsin—Tien, Taipei TAIWAN
`
`GoodsISe-rvices
`Class Status —— ACTIVE.
`
`IC 009.
`
`US
`
`021 023 026 036 038.
`
`G a 8:
`
`integrated
`Computer hardware, namely, semiconductors, microprocessors,
`circuits, computer chips, computer chipsets for use in transmitting
`data to and from a central processing unit, computer interface boards,
`circuit boards, multimedia accelerators boards, graphic chips, graphic
`cards, graphics accelerator boards, microcomputers, computer data
`processors, keyboards, central processing units, computer network
`routers, computer hubs, computer servers, computer switches, modem,
`network access server hardware: computer network adapters, switches,
`routers, hubs; computer monitors, LCD panels; computer hardware for
`telecommunications, radio,
`telephone, television,
`internet, global
`positioning system [GPS], microwave, satellite, broadband, radar,
`infrared, and wireless local area networks; handheld computing devices
`and wireless communications devices, namely, cellular handsets, tablet
`computers, electronic personal organizers, personal digital assistants
`
`[PflAs], mobile phones, smartphones, pocket-size personal computers,
`pocket printer, pocket camera, pocket video camera, palmtop computers,
`
`-1-
`
`

`

`Print: Jan 12, 2012
`
`78731619
`
`notebook computersIr personal navigational global positioning systems
`[GPS]; handheld joy sticks;
`remote controls for playing interactive
`video games; digital Video players; MP3 players; computer software for
`voice—over internet protocol devices; computer game software; computer
`software for data transmission;
`instructional manuals featuring
`computer processor instructions recorded on computer media;
`downloadable instruction manuals in electronic format for the
`
`aforesaid goods; printed computer instructional manuals for the
`aforesaid goods sold as a unit. First Use: ZOOfifllfOB. First Use In
`Commerce: ZOOBHOZHZZ.
`
`Filing Date
`ZOOEHlOIZU
`
`Examining Attorney
`LAVACHE , LINDA
`
`

`

`AcceleRAM
`
`

`

`Print: Jan 12, 2012
`
`78921134-
`
`DESIGN MARK
`
`Serial Number
`18921134
`
`Status
`REGISTERED
`
`Word Mark
`BEE MEADOW
`
`Standard Character Mark
`Yes
`
`Registration Number
`3413384
`
`Date Registered
`2008f04f15
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[4]
`STANDARD CHARACTER MARK
`
`Owner
`Donohue and Associates of Whippany, N.J. SOLE PROPRIETORSHIP NEW
`JERSEY 216 Bee Meadow Parkway Whippany NEW JERSEY 07981
`
`GoodsIServices
`Class Status —— ACTIVE.
`
`IC 009.
`
`US
`
`021 023 026 036 038.
`
`G a S:
`
`Backup drives for computers; BIOS [basic input out put system]
`computer programs; BIOS [basic inputfoutput system] computer program;
`Blank computer discs; Blank discs for computers; Blank floppy computer
`discs; Blank hard computer discs; Blank magnetic computer tapes; Blank
`tapes for storage of computer data; Car navigation computers; CD
`Drives for computers; Central processing units [CPU]; Communications
`computers; Communications servers; Computer communications software
`for controlling and monitoring personal computers connected to
`peer—to—peer networks; Computer accelerator board; Computer cameras;
`Computer card adapter; Computer carrying cases; Computer central
`processing units; Computer chassis; Computer chips; Computer chipset
`for use in transmitting data to and from a central processing unit;
`Computer color printer using heat sensitive dry printing process;
`Computer communications software to allow customers to access bank
`account
`information and transact bank business; Computer component
`testing and calibrating equipment; Computer cursor control devices,
`
`-1-
`
`

`

`Pfint:Jan12,2012
`
`7892113‘
`
`namely, computer mouse; Computer cursor control devices, namely,
`digitizer tablets; Computer cursor control devices, namely,
`light
`pens; Computer cursor control devices, namely,
`touch pads; Computer
`cursor control devices, namely,
`trackballs; Computer disc drives;
`Computer docking station; Computer e—commerce software to allow users
`to perform electronic business transactions via a global computer
`network; Computer expansion boards; Computer fax modem cards; Computer
`firmware for basic inputfoutput system [BIOS]
`for motherboards;
`Computer game cartridges; Computer game cassettes; Computer game
`discs; Computer game equipment containing memory devices, namely,
`discs; Computer game joysticks; Computer game programs; Computer game
`software; Computer game tapes; Computer graphics boards; Computer
`graphics software; Computer hard discs; Computer hardware; Computer
`hardware and computer software programs for the integration of text,
`audio, graphicsr still image and moving pictures into an interactive
`delivery for multimedia applications; Computer hardware for
`telecommunications; Computer heat sinks; Computer interface boards;
`Computer joysticks; Computer keyboards; Computer keypads; Computer
`memories; Computer memory hardware; Computer monitor frames; Computer
`monitors; Computer mouse; Computer mouse, namely,
`touchpads; Computer
`mouse, namely, trackballs; Computer network adapters; Computer network
`hubs, switches and routers; Computer networking hardware; Computer
`operating programs; Computer operating systems; Computer parallel
`ports; Computer peripherals; Computer printers; Computer program for
`the compilation of credit reporting data; Computer programmes for
`
`document management; Computer programs for editing images, sound and
`video; Computer programs for pre-recorded games; Computer programs for
`searching the contents of computers and computer networks by remote
`control; Computer programs for the enabling of access or entrance
`control; Computer programs recorded on data media [software] designed
`for use in construction and automated manufacturing [cadfcam];
`Computer programs used for electronic cash register systems; Computer
`screen filters; Computer screen saver software; Computer search engine
`software; Computer serial ports; Computer software development tools;
`
`
`Computer software for accessing information directories that may be
`downloaded from the global computer network; Computer software for
`administration of computer local area networks; Computer software for
`application and database integration; Computer software for
`communicating with users of hand-held computers; Computer software for
`computer system and application development, deployment and
`management; Computer software for controlling and managing access
`server applications; Computer software for controlling and managing
`patient medical
`information; Computer software for controlling
`self-service terminals; Computer software for creating searchable
`databases of information and data; Computer software for encryption;
`Computer software for manipulating digital audio information for use
`in audio media applications; Computer software for organizing and
`viewing digital images and photographs; Computer software for
`processing digital music files; Computer software for providing an
`online database in the field of transaction processing to upload
`transactional data, provide statistical analysis, and produce
`
`
`
`.2-
`
`

`

`Pfint:Jan12,2012
`
`7892113‘
`
`notifications and reports; Computer so;tware for pulmonary,
`cardiovascular and edema analysis for use in small animal research
`studies; Computer software for scientific analysis of genetic
`sequences; Computer software for the collection, editing, organizing,
`modifying, book marking,
`transmission, storage and sharing of data and
`information; Computer software for the field of warehousing and
`distribution,
`to manage transactional data, provide statistical
`analysis, and produce notifications and reports; Computer software for
`use in customer relationship management
`[CRMJ; Computer software for
`use in programming facsimile machines; Computer software for use in
`relation to digital animation and special effects of images; Computer
`software for use in the encryption and decryption of digital files,
`including audio, video, text, binary, still images, graphics and
`multimedia files; Computer software for use in the safeguarding of
`digital files,
`including audio, video, text, binary, still images,
`graphics and multimedia files; Computer software for wireless content
`delivery; Computer software that assists computers in deploying
`parallel applications and performing parallel computations; Computer
`software that provides real-time,
`integrated business management
`intelligence by combining information from various databases and
`presenting it in an easy—to—understand user interface; Computer
`software to automate data warehousing; Computer software to control
`and improve computer and audio equipment sound quality; Computer
`software to enable the transmission of photogra