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From: Mccray, Renee Sent: 11/27/2015 9:51:00 AM To: TTAB From: McCray, Renee Sent: 11/27/2015 9:51:00 AM To: TTAB EFiling CC: Subject: U.S. TRADEMARK APPLICATION NO. 85371874 - VISUAL NETWORK - 2211736.0012 - Request for Reconsideration Denied - Return to TTAB - Message 1 of 5 ************************************************* Attachment Information: Count: 15 Files: -1.jpg, -2.jpg, ATT38637.jpg, 3-1.jpg, 3-2.jpg, duplicate name 43668 3-1.jpg, duplicate name 43668 3-2.jpg, 3-3.jpg, 4-1.jpg, 4-2.jpg, 4-3.jpg, 4-4.jpg, 4-5.jpg, 5-1.jpg, 85371874.doc UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION U.S. APPLICATION SERIAL NO. 85371874 MARK: VISUAL NETWORK *85371874* CORRESPONDENT ADDRESS: BARBARA A BARAKAT GENERAL TRADEMARK INFORMATION: WILMER CUTLER PICKERING HALE AND DORR LL http://www.uspto.gov/trademarks/index.jsp 1225 SEVENTEENTH STREET SUITE 1660 DENVER, CO 80202 VIEW YOUR APPLICATION FILE APPLICANT: Level 3 Communications, LLC CORRESPONDENT’S REFERENCE/DOCKET NO: 2211736.0012 CORRESPONDENT E-MAIL ADDRESS: [email protected] REQUEST FOR RECONSIDERATION DENIED ISSUE/MAILING DATE: 11/27/2015 The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below. See 37 C.F.R. §2.63(b)(3); TMEP §§715.03(a)(ii)(B), 715.04(a). Please note that the Section 2(e)(1) refusal(s) made final in the Office action dated February 11, 2014 is maintained and continues to be final. See TMEP §§715.03(a)(ii)(B), 715.04(a). In the present case, applicant’s request has not resolved all the outstanding issue(s), nor does it raise a new issue or provide any new or compelling evidence with regard to the outstanding issue(s) in the final Office action. In addition, applicant’s analysis and arguments are not persuasive nor do they shed new light on the issues. Accordingly, the request is denied. Please see additional evidence attached that shows use of the wording VISUAL as a term of art in the industry to name or describe goods and services that feature the display, transmission and/or storage of visual data and images or visual technologies. If applicant has already filed a timely notice of appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal. See TMEP §715.04(a). If no appeal has been filed and time remains in the six-month response period to the final Office action, applicant has the remainder of the response period to (1) comply with and/or overcome any outstanding final requirement(s) and/or refusal(s), and/or (2) file a notice of appeal to the Board. TMEP §715.03(a)(ii)(B); see 37 C.F.R. §2.63(b)(1)-(3). The filing of a request for reconsideration does not stay or extend the time for filing an appeal. 37 C.F.R. §2.63(b)(3); see TMEP §§715.03, 715.03(a)(ii)(B), (c). /Renee McCray/ Trademark Examining Attorney U.S. Patent and Trademark Office Law Office 111 571.272.9388 [email protected] PR Newswire June 20, 1995, Tuesday - 16:14 Eastern Time BT VISUAL IMAGES AND LIVEWORKS SHOWCASE LIVEBOARD WITH BT VISUAL IMAGES TELECONFERENCING SECTION: Financial News LENGTH: 500 words At the Interactive Telecommunications Association (ITCA) trade show on June 14, BT Visual Images showcased an enhanced version of LiveWorks' LiveBoard, incorporating high-resolution video conferencing. The demonstration coincided with the first in a series of planned announcements by BT Visual Images and LiveWorks, a Xerox company, of their intention to build a mutual working relationship for closer integration of their respective product lines. LiveBoard(TM) is a shared computer whiteboard that allows dispersed work groups to interactively develop and modify shared documents and images as if they were in the same room. With the addition of the BT Visual Images' VC7100 codec, the LiveBoard becomes a complete user-friendly video conferencing tool that allows a part or all of the 67 inch screen to be used for the video image. Also, the unit incorporates high quality, full-duplex audio necessary for group conferencing. WASHINGTON, June 20 "In a marketplace demanding complete group solutions, LiveWorks' document conferencing combined with our video conferencing represents a major step forward in addressing that demand," said BT Visual Images president Jeff Speak. "The LiveBoard represents the finest unit of its type available today, so naturally we are pleased to be able to demonstrate how the unit works with our videoconferencing systems to helping people do their jobs better." The LiveBoard, incorporating a BT Visual Images codec, operates over standard ISDN lines. It utilizes a rear-projected active matrix display, a wireless pen, an industry standard, 486-based IBM compatible PC, Microsoft Windows and LiveWorks MeetingBoard with multipoint conferencing. MeetingBoard software allows users to utilize pen input and create images that can be edited, colorized, annotated, erased, saved, retrieved and printed. That makes the LiveBoard extremely valuable in a non-conferencing mode. When linked to other boards, LiveBoard with BT Visual Images video conferencing allows for the exchange of charts, graphics and the written word. Not only can conferees exchange ideas and work on a single document simultaneously, they can show prototypes, components, layouts or designs as well. BT Visual Images pioneered development of high technology visual products and services over digital telecommunication networks and is today one of the world's leading designers and developers of visual technology. The company is a joint venture between CBCI Telecom Inc., and BT North America Inc., a wholly-owned subsidiary of British Telecommunications plc (NYSE: BTY). LiveWorks, Inc., a Xerox company, was founded in 1992 to develop and market advanced meeting room technologies. Developed at the Xerox PARC Palo Alto Research Center, LiveBoard is the industry-leading technology for multimedia group conferencing. CONTACT: Brian Cooley of BT Visual Images, 703-709-4205; or David Belove of LiveWorks, 408-324-2245 PERSON: ANN LIVERMORE (55%); COUNTRY: NORTH AMERICA (92%); UNITED STATES (79%); STATE: DISTRICT OF COLUMBIA, USA (79%); CALIFORNIA, USA (70%); COMPANY: BT Visual Images; CBCI Telecom Inc.; BT North America Inc.; British Telecommunications plc; LiveWorks, Inc. BT GROUP PLC (84%); BT NORTH AMERICA INC (63%); LIVEWORKS INC (62%); PALO ALTO RESEARCH CENTER (51%); ORGANIZATION: BT Visual Images; CBCI Telecom Inc.; BT North America Inc.; British Telecommunications plc; LiveWorks, Inc. TICKER: BT (NYSE) (84%); BT (LSE) (84%); BT.A (LSE) (84%); BTY INDUSTRY: Computer; Electronics GEOGRAPHIC: District of Columbia, California NORTH AMERICA (92%); UNITED STATES (79%); DISTRICT OF COLUMBIA, USA (79%); CALIFORNIA, USA (70%); SUBJECT: bc-BT-Visual-trade-show VIDEO CONFERENCING (92%); PRESS RELEASES (91%); TELECONFERENCING (91%); TRADE SHOWS (90%); TELECOMMUNICATIONS (89%); BUSINESS & PROFESSIONAL ASSOCIATIONS (89%); WIRED TELECOMMUNICATIONS CARRIERS (86%); PARENT COMPANIES (77%); COMPUTER SOFTWARE (76%); RESEARCH & DEVELOPMENT (69%); COMPUTER NETWORKS (64%); JOINT VENTURES (50%); ASSOCIATIONS & ORGANIZATIONS (89%); LOAD-DATE: June 21, 1995 LANGUAGE: ENGLISH April 26, 2006 Wednesday 12:01 PM GMT Photobucket Launches Internet Video Hosting and Sharing Tools for Its 15 Million Members; Leading Photo and Video Hosting & Publishing Service Provides 1 GB of Free Storage, and the Easiest Way to Upload Once and Link Anywhere on the Internet LENGTH: 736 words DATELINE: PALO ALTO, Calif. April 26, 2006 Photobucket, the world's leading visual content hosting and publishing service, today announced the launch of Photobucket Video, the fastest, and easiest way to upload and publish videos online at www.photobucket.com. Inexpensive digital photo and video cameras are now widespread, but users are often challenged when it comes to moving their personal photos and videos online, to commerce and social networking Web sites like eBay, MySpace, and to personal blogs. Photobucket offers consumers an easy way to upload once, and share their photos and videos across multiple sites from a central location using simple linking. Photobucket currently serves over 63 percent of all links to social networking Web sites, distributing more than 50 billion image requests per month -- around 2 percent of all US Internet traffic. Photobucket has nearly 15 million registered members, and is growing at a rate of over 65,000 new members per day. Photobucket members are currently adding over 4 million new images daily (45 new images per second). "The volume of personal photos, art, and video continues to skyrocket, but sharing that content online is often confusing and complicated," said Alex Welch, Chief Executive Officer of Photobucket. "Since day one, our members have told us they want an easy way to express themselves visually on a variety of Web sites. We make it easy for our members to upload and store their original images, graphic art, and videos, then link that content anywhere on the Internet." Photobucket's founders have experience building large scale hosting and telecommunications infrastructure. They built Photobucket to store and deliver exceptionally high volumes of images and videos at an unparalleled speed and reliability, without the lags, chop, and delays that can disrupt the visual experience. At peak times, Photobucket serves over 30,000 images and videos per second. Most consumers do not own web servers for storage and publishing. They also don't want to upload their videos and photos multiple times to different Web sites. Photobucket gives users 1 GB of storage for free, and up to 5 GB with a premium account; this storage is equivalent to around 50,000 images or 5,000 3 to 5 minute videos. "Our members use Photobucket to enhance their online experience," said Paul Remer, CEO of Piczo. "By integrating with Photobucket's Plugin, we have given our users the ability to easily access their Photobucket content within Piczo itself.
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