Exhibit 2056
`Bradium Technologies LLC - patent owner
`Microsoft Corporation - petitioner
`IPR2016-00449
`1
`
`

`
`Owner Address: 3862 Panda Place
`San Jose, CALIFORNIA 95117
`UNITED STATES
`
`Legal Entity Type: CORPORATION
`
`State or Country Where
`Organized:
`Attorney/Correspondence Information
`
`DELAWARE
`
`Attorney Name: Gerald B. Rosenberg
`
`Correspondent
`Name/Address:
`
`TAL BAHAR
`FLYOVER TECHNOLOGIES INC
`1456 FOWLER LN
`LOS ALTOS, CALIFORNIA 49024
`UNITED STATES
`
`Phone: 011 972 54 725 899
`
`Correspondent e-mail: nuritl@2flyover.com
`
`Attorney of Record
`Docket Number: FLVT6000
`
`Correspondent
`
`Fax: 011 972 3 5474547
`
`Correspondent e-mail
`Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Proceeding
`Number
`
`Mar. 16, 2004
`Jul. 30, 2003
`Jul. 20, 2003
`Jul. 24, 2003
`Jul. 21, 2003
`Feb. 27, 2003
`Feb. 26, 2003
`Feb. 25, 2003
`Jan. 13, 2003
`Jan. 14, 2003
`Jan. 13, 2003
`Jan. 12, 2003
`Jan. 12, 2003
`Oct. 01, 2002
`Jul. 09, 2002
`Jun. 19, 2002
`Mar. 04, 2002
`Dec. 26, 2001
`Feb. 28, 2002
`Dec. 26, 2001
`Dec. 26, 2001
`Jun. 21, 2001
`Jun. 12, 2001
`
`ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE
`FINAL REFUSAL E-MAILED
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`CASE FILE IN TICRS
`EMAIL RECEIVED
`NON-FINAL ACTION E-MAILED
`ASSIGNED TO EXAMINER
`STATEMENT OF USE PROCESSING COMPLETE
`USE AMENDMENT FILED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`TEAS STATEMENT OF USE RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`NOA MAILED - SOU REQUIRED FROM APPLICANT
`PUBLISHED FOR OPPOSITION
`NOTICE OF PUBLICATION
`APPROVED FOR PUB - PRINCIPAL REGISTER
`SEC. 1(A) CLAIM DELETED
`ASSIGNED TO EXAMINER
`Sec. 1(B) CLAIM ADDED
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`NON-FINAL ACTION MAILED
`ASSIGNED TO EXAMINER
`TM Staff and Location Information
`
`TM Attorney: SUAREZ, MARIA VICTORIA
`
`TM Staff Information
`Law Office Assigned: LAW OFFICE 102
`
`File Location
`
`Current Location: FILE REPOSITORY (FRANCONIA)
`
`Date in Location: Mar. 19, 2004
`
`76625
`
`76625
`76625
`70138
`
`74665
`
`2
`
`

`
`eTeasTrademark/Service Mark Applicatiau
`
`‘
`
`78044791
`
`DOCUMENT INFORMATION A
`
`TRADEMARKISERVICEMARK APPLICATION
`
`I
`
`IVERSION 1.22
`
`I APPLICANT INFORMATION
`
`1. NAME
`
`,
`
`FlyOver Technologies, Inc.
`
`STREET
`
`CITY
`
`STATE .
`
`COUNTRY‘
`
`3862 Panda Place
`
`San Jose
`
`CA
`
`USA
`
`ZIP/POSTAL CODE
`
`7 95117
`
`TELEPHONE NUMBER
`
`408-615-8411
`
`FAX NUMBER
`
`408-615-8489
`
`PAPPLICANT ENTITY INFORMATION
`
`CORPORATION:
`STATE/COUNTRY OF
`INCORPORATION
`
`'
`
`Delaware
`
`TRADEMARKISERVICEMARK INFORMATION
`
`MARK
`
`I FLYOVER
`
`TYPED FORM
`
`. Yes
`
`BASIS FOR FILING AND GOODSISERVICES INFORMATION
`
`USE IN COMMERCE:
`SECTION 1(a)
`
`INTERNATIONAL
`CLASS NUMBER
`
`LISTING OF GOODS.
`AND/OR SERVICES
`
`Yes
`
`O09
`
`A COMPUTER PROGRAMS AND NETWORKED PRESENTATION
`SYSTEMS PROVIDING FOR THE CREATION, MODIFICATION,
`SELECTION, NAVIGATION, AND DISPLAY OF TWO DIMENSIONAL
`AND THREE DIMENSIONAL TOPOGRAPHICAL MAPS AND OTHER
`TOPOLOGICALLY PRESENTED INFORMATION INCLUDING USER
`DOCUMENTATION AND OTHER MATERIAL SOLD WITH THE
`COMPUTER PROGRAMS AND SYSTEMS, IN INTERNATIONAL
`CLASS 009.
`
`(FIRST USE
`
`,
`
`06/30/2000
`
`Page 1 of4
`
`78044791
`
`'
`
`01/29/2001 7:51 AM
`
`3
`
`

`
`eTeas Trademark/Service Mark Applicaticp
`
`0
`
`78044791
`
`ANYWHERE DATE
`
`FIRST USEIN
`COMMERCE DATE
`
`I
`
`S
`
`06/30/2000 ‘
`
`BASIS FOR FILING AND GOODSISERVICES INFORMATION
`
`USE IN COMMERCE:
`SECTION 1(a)
`
`INTERNATIONAL
`CLASS NUMBER
`
`LISTING OF GOODS
`AND/OR SERVICES
`
`.
`
`1
`
`Yes
`
`042
`
`COMPUTER SERVICES, INCLUDING THE OPERATION AND
`TRAINING FOR THE OPERATION OF SYSTEMS AND SOFTWARE,
`FOR THE CREATION, MODIFICATION, SELECTION, NAVIGATION,
`AND DISPLAY OF TWO DIMENSIONAL AND THREE
`DIMENSIONAL TOPOGRAPHICAL MAPS AND OTHER
`TOPOLOGICALLY PRESENTED INFORMATION, IN
`INTERNATIONAL CLASS 42.
`
`FIRST USE
`ANYWHERE DATE
`
`FIRST USE IN
`COMMERCE DATE
`
`06/30/2000
`
`06/30/2000
`
`ATTORNEIY INFORMATION
`
`NAME
`
`Gerald B. Rosenberg
`
`STREET
`
`'
`
`285 Hamilton Avenue
`
`CITY
`
`STATE
`
`COUNTRY
`
`ZIP/POSTAL CODE
`
`Palo Alto
`
`A CA
`
`USA
`
`94301
`
`E-MAIL ADDRESS
`
`1
`
`gbr@newtecI1Iaw.cOm
`
`FIRM NAME
`
`‘ NewTechLaw
`
`IV TELEPHONE NUMBER v
`
`650-325-2100
`
`FAX NUMBER
`
`650-325-2107
`
`ATTORNEY DOCKET
`NUMBER
`
`I
`
`FLVT6000
`
`FEE INFORMATION
`
`78044791
`
`01/29/2001 7:51 AM
`
`4
`
`

`
`78044791
`
`eTeas Trademark/Service Mark Applicatiofi
`
`TOTAL FEES PAID 1
`
`NUMBER OF CLASSES
`PAID
`
`NUMBER OF CLASSES
`
`I
`
`2
`
`DEPOSIT ACCOUNT INFORMATION
`
`A DEPOSIT ACCOUNT
`NUMBER
`
`500890
`
`NAME OF PERSON
`AUTHORIZING
`ACCOUNT ACTIVITY
`
`COMPANY/FIRM
`NAME
`
`Gerald B. Rosenberg
`
`NewTechLawI
`
`LAW OFFICE INFORMATION
`
`A E-MAIL ADDRESS
`FOR
`CORRESPONDENCE
`
`gI>r@newtech1aw.cOm
`
`SIGNATURE AND OTHER INFORMATION
`I
`I
`/Gerald B.IROsenberg/
`
`SIGNATURE
`
`" DATE
`
`NAME
`
`TITLE
`
`MAILING ADDRESS
`
`LINE
`
`LINE
`
`LINE
`
`LINE
`
`LINE
`
`01/24/2001
`
`Gerald B. Rosenberg
`
`Partner, NewTechLaw
`
`Gerald B. RoSenberg
`
`NewTechLaW
`
`285 Hamilton Avenue »
`
`Suite 520
`
`Palo Alto CA 94301
`
`SERIAL NUMBER INFORMATION
`
`SERIAL NUMBER
`
`78/044791
`
`INTERNET
`TRAN SMIS SION
`DATE
`
`Wednesday, 01-24-2001 20:01:36 EST
`
`78044791
`
`01/29/2001 7:51 AM
`
`5
`
`

`
`eTeas Trademark/Service Mark Applicatit
`
`’
`
`0
`
`78044791
`
`TEAS STAMP
`
`‘
`
`USPTO-216102162250—200101242001 18855-78/044791— L
`1229be90235b39bf14d21650069805c76ab-DA-500890-20010124200118855
`
`EMAIL ADDRESS
`FOR
`ACKNOWLEDGMENT
`
`\
`
`gbr@neWtechlaw.com
`
`78044791
`01/29/2001 7:51 AM
`
`6
`
`

`
`eTeasTrademark/Service MarkApplicatp
`
`.<SERIAL NUMBER> 78044791
`<FILING DATE> 01/24/2001
`
`I
`
`78044791
`
`<DOCUMENT INFORMATION>
`<TRADEMARK/SERVICEMARK APPLICATION>
`<VERSION l.22>
`5
`
`<APPLICANT INFORMATION>
`<NAME>
`<STREET>
`<CITY>
`<STATE>
`<COUNTRY>
`<ZIP/POSTAL CODE>
`<TELEPHONE NUMBER>
`<FAX NUMBER>
`'
`
`FlyOver Technologies, Inc.
`3862 Panda Place
`San Jose‘
`CA
`USA
`951 17
`408-615-8411
`408-615-8489
`
`3
`<APPLICAN T ENTITY INFORMATION>
`<CORPORATION: STATE/COUNTRY OF INCORPORATION> Delaware
`
`<TRADEMARK/SERVICEMARK INFORMATION>
`<MARK> FLYOVER
`-
`<TYPED FORM> Yes
`* Applicant requests registration of the above-identified trademark/service mark in the
`United States Patent and Trademark Office on the Principal Register established by the
`Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). *
`7
`
`<BASIS FOR FILING AND GOODS/SERVICES INFORMATION>
`<USE IN COMMERCE: SECTION 1(a)> Yes
`* Applicant is using or is using through a related company the mark in commerce on or in
`connection with the below-identified goods/services. (15 U.S.C. Section 105 1(a), as
`amended.). Applicant attaches one SPECIMEN for each class showing the mark as used
`in commerce on or in connection with any item in the class of listed goods and/or
`services. *
`.
`‘
`5
`_
`<INTERNATIONAL CLASS NUMBER> 009
`<LISTING OF GOODS AND/OR SERVICES> COMPUTER PROGRAMS AND
`NETWORKED PRESENTATION SYSTEMS PROVIDING FOR THE CREATION,
`MODIFICATION, SELECTION, NAVIGATION, AND DISPLAY OF TWO
`DIMENSIONAL AND THREE DIMENSIONAL TOPOGRAPHICAL MAPS AND
`OTHER TOPOLOGICALLY PRESENTED INFORMATION INCLUDING USER
`DOCUMENTATION AND OTHER MATERIAL SOLD WITH THE COMPUTER
`PROGRAMS AND SYSTEMS, IN INTERNATIONAL CLASS 009.
`‘
`<FIRST USE ANYWHERE DATE> 06/30/2000
`<FIRST USE IN COMMERCE DATE> 06/30/2000
`
`PTO Form 1478 (Rev 9/98)
`OMB No. 0651-0009 (Exp. 08/31/01)
`Page 1 of3
`
`01/29/2001 7:51 AM
`
`7
`
`

`
`eTeas Trademark/Service Mark Applicatv
`
`0 78044791
`
`<BASIS FOR FILING AND GOODS/SERVICES INFORMATION>
`<USE IN COMMERCE: SECTION 1(a)> Yes
`*
`* Applicant is using or is using through a related company the mark in commerce on or in
`connection with the below-identified goods/services. (15 U.S.C. Section 105 1 (a), as
`amended.). Applicant attaches one SPECIMEN for each class showing the mark as used
`in commerce on or in connection with any item in the class of listed goods and/or
`services. *
`<INTERNATIONAL CLASS NUMBER> 042
`<LISTING OF GOODS AND/OR SERVICES> COMPUTER SERVICES, INCLUDING
`THE OPERATION AND TRAININGFOR THE OPERATION OF SYSTEMS AND
`SOFTWARE, FOR THE CREATION, MODIFICATION, SELECTION, NAVIGATION,
`AND DISPLAY OF TWO DIMENSIONAL AND THREE DIMENSIONAL
`TOPOGILAPHICAL MAPS AND OTHER TOPOLOGICALLY PRESENTED
`INFORMATION, IN INTERNATIONAL CLASS 42.
`<FIRST USE ANYWHERE DATE> 06/30/2000
`<FIRST USE IN COMMERCE DATE> 06/30/2000
`
`Gerald B. Rosenberg
`285 Hamilton Avenue
`
`<ATTORNEY INFORMATION>
`. <NAME>
`<STREET>
`Suite 520
`Palo Alto
`<CITY>
`CA
`<STATE>
`USA
`<COUNTRY>
`94301
`<ZIP/POSTAL CODE>
`gbr@newtechlaw.com
`<E-MAIL ADDRES S>
`NeWTechLaw
`<FIRM NAME>
`650-3 25-2100
`<TELEPHONE NUMBER>
`650-325-2107
`i<FAX NUMBER>
`<ATTORNEY DOCKET NUMBER> FLVT6000
`
`I
`
`.
`
`<FEE INFORMATION>
`<TOTAL FEES PAID> 650
`<NUMBER OF CLASSES PAID> 2
`<NUMBER OF CLASSES> 2
`
`<DEPOSIT ACCOUNT lNFORMATION>
`<DEPOSIT ACCOUNT NUMBER> 500890
`* The U.S. Patent and Trademark Office is hereby authorized to charge any fees or credit
`any overpayments to the deposit account listed above. *
`<NAME OF PERSON AUTHORIZING ACCOUNT ACTIVITY>- Gerald B. Rosenberg
`<COMPANY/FIRM NAME> NewTechLaw
`
`<LAW OFFICE INFORMATION>A
`* The USPTO is authorized to communicate with the applicant's attorney at the below
`
`Page 2 of 3
`
`78044791
`
`01/29/2001 7:51 AM
`
`8
`
`

`
`eTeas Trademark/Service Mark Applicatv
`
`0 78044791
`
`.
`e-mail address * 1
`<E-MAIL ADDRESS FOR CORRESPONDENCE> gbr@newtechlaw.com
`
`<SIGNATURE AND OTHER INFORMATION>
`* PTO-Application Declaration: 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 application on behalf of the applicant; he/she believes the applicant to be
`the owner of the trademark/service mark sought to be registered, or, if the application is
`being filed under 15 U.S.C. Section" 1051(b), he/she believes applicant to be entitled to
`use such mark in commerce; 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/services of such other person, to cause confusion, or to
`cause mistake, or to deceive; and that all statements made ofV his/her own knowledge are
`true; and that all statements made on information and belief are believed to be true. *
`<SlGNATURE>
`/Gerald B. Rosenberg/
`<DATE>
`01/24/2001
`<NAME>
`Gerald B. Rosenberg
`<TITLE>
`Partner, NewTechLaw
`
`,
`
`<MAILING ADDRESS>
`<LINE> Gerald B. Rosenberg
`<LINE> NewTechLaw
`<L1NE> 285 Hamilton Avenue
`<L1NE> Suite 520
`<LINE> Palo Alto CA 94301
`
`<SERIAL NUMBER INFORMATION>
`<SERIAL N UMBER> 7 8/04479 1
`<INTERNET TRANSMISSION DATE> Wednesday, 01-24-2001 20:01 :36 EST
`<TEAS STAMP>
`1
`.
`USPTO-216102162250—200101242001 l8855-78/044791-
`l229be9023 5b39bfl4d21650c69805c76ab-DA-500890-20010124200118855
`E-MAIL ADDRESS FOR ACKNOWLEDGMENT> gbr@newtechlaw.c0m
`
`78044791
`
`01/29/2001 7:51 AM
`
`9
`
`

`
`<SERIAL NUMBER> 78044791
`<FILING DATE> 01/24/2001
`
`<DEPOSIT ACCOUNT INFORMATION>
`<DEPOSIT ACCOUNT NUMBER> 500890
`* The U.S. Patent and Trademark Office is hereby authorized to charge any fees or credit
`any overpayments to the deposit account listed above. *
`<NAME OF PERSON AUTHORIZING ACCOUNT ACTIVlTY> Gerald B. Rosenberg
`<COMPANY/FIRM NAME> NewTechLaw
`
`<LAW OFFICE INFORMATION>
`* The USPTO is authorized to communicate with the applicant's attorney at the below
`e-mail address *
`<E-MAIL ADDRESS FOR CORRESPONDENCE> gbr@newtechlaw.com
`
`<SIGNATURE AND OTHER INFORMATION>
`* PTO—Application Declaration: 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 application on behalf of the applicant; he/she believes the applicant to be
`the owner of the trademark/service mark sought to be registered, or, if the application is
`being filed under 15 U.S.C. Section 105 l(b), he/she believes applicant to be entitled to
`use such mark in commerce; 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/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. *
`I
`<SIGNATURE>
`/Gerald B. Rosenberg/
`»
`<DATE>,
`0 1/24/200 1
`<NAME>
`Gerald B. Rosenberg
`<TITLE> -
`Partner, NewTechLaw
`
`10
`
`

`
`Internet Transmission Date:
`2001/01/24
`
`::;"33:*::;
`
`Serial Number:
`78044791
`
`*7so44791*
`
`TRADEMARK APPLICATION
`
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`FEE RECORD SHEET
`
`TOTAL FEES DUE: $650
`
`DEPOSIT ACCOUNT NUMBER: 500890
`
`mmmmmm
`
`NO OCR
`
` A
`
` *01242001*
`
`O1-24-2001
`
`11
`
`

`
`Drawing Page
`
`Applicant:
`
`Flyover Technologies,
`3862 Panda Place
`A
`San Jose CA USA 95117
`
`Inc.
`
`Date of First Use:
`
`.
`O6/30/2000
`Date of First Use in Commerce:
`
`_
`06/30/2000
`Goods and Services:
`
`Serial Number:
`78044791
`
`flk
`
`i?
`
`COMPUTER PROGRAMS AND NETWORKED PRESENTATION SYSTEMS PROVIDING FOR
`THE CREATION, MODIFICATION, SELECTION, NAVIGATION, AND DISPLAY OF
`TWO DIMENSIONAL AND THREE DIMENSIONAL TOPOGRAPHICAL MAPS AND OTHER
`TOPOLOGICALLY PRESENTED INFORMATION INCLUDING USER DOCUMENTATION
`AND OTHER MATERIAL SOLD WITH THE COMPUTER PROGRAMS AND SYSTEMS,
`INTERNATIONAL CLASS 009.
`
`IN
`
`Date of First Use:
`
`06/30/2000
`Date of First Use in Commerce:
`
`_
`O6/30/2000
`Goods and Services:
`
`I
`
`INCLUDING THE OPERATION AND TRAINING FOR THE
`COMPUTER SERVICES,
`OPERATION OF SYSTEMS AND SOFTWARE, FOR THE‘. CREATION, MODIFICATION,
`SELECTION, NAVIGATION, AND D::SPLAY OF TWO DIMENSIONAL AND THREE
`DIMENSIONAL TOPOGRAPHICAL MAPS AND OTHER TOPOLOGICALLY PRESENTED
`INFORMATION,
`IN INTERNATIONAL CLASS 42.
`
`‘
`
`Mark:
`
`FLYOVER
`
`I PUBUSHEDP
`07/09/02
`
`mwmmmm
`
`NO OCR
`
`
`
`*Q1242Q01*
`
`Ol-24-2001
`
`12
`
`

`
`Drawing Page
`
`Applicant:
`Flyover Technologies, Inc.
`3862 Panda Place
`San Jose CA USA 95117
`
`Serial Number:
`78044791
`
`Date of First Use:
`06/30/2000
`Date of First Use in Commerce:
`06/30/2000
`Goods and Services:
`COMPUTER PROGRAMS AND NETWORKED PRESENTATION SYSTEMS PROVIDING FOR THE
`
`CREATION, MODIFICATION, SELECTION, NAVIGATION, AND DISPLAY OF TWO
`DIMENSIONAL AND THREE DIMENSIONAL TOPOGRAPHICAL MAPS AND OTHER
`TOPOLOGICALLY PRESENTED INFORMATION INCLUDING USER DOCUMENTATION AND
`
`OTHER MATERIAL SOLD WITH THE COMPUTER PROGRAMS AND SYSTEMS,
`INTERNATIONAL CLASS 009.
`
`IN
`
`Date of First Use:
`06/30/2000
`Date of First Use in Commerce:
`06/30/2000
`Goods and Services:
`INCLUDING THE OPERATION AND TRAINING FOR THE OPERATION
`COMPUTER SERVICES,
`OF SYSTEMS AND SOFTWARE, FOR THE CREATION, MODIFICATION, SELECTION,
`NAVIGATION, AND DISPLAY OF TWO DIMENSIONAL AND THREE DIMENSIONAL
`TOPOGRAPHICAL MAPS AND OTHER TOPOLOGICALLY PRESENTED INFORMATION,
`INTERNATIONAL CLASS 42.
`
`IN
`
`Mark:
`
`FLYOVER
`
`I|||||||||||||||||||||||||||||||||||||||
`
`NO OCR
`
`01-24-2001
`
`13
`
`

`
`Internet Transmission Date:
`2001/01/24
`
`Filing Date:
`2001/01/24
`
`Serial Number:
`78044791
`
`TRADEMARK APPLICATION
`
`U.S. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`FEE RECORD SHEET
`
`TOTAL FEES DUE: $650
`
`DEPOSIT ACCOUNT NUMBER: 500890
`
`I|||||||||||||||||||||||||||||||||||||||
`
`NO OCR
`
`01-24-2001
`
`14
`
`

`
`<SERIAL NUMBER> 78044791
`
`<FILING DATE> 01/24/2001
`
`<DEPOSIT ACCOUNT INFORMATION>
`
`<DEPOSIT ACCOUNT NUMBER> 500890
`
`* The U.S. Patent and Trademark Office is hereby authorized to charge any fees or credit any
`overpayments to the deposit account listed above. *
`<NAME OF PERSON AUTHORIZING ACCOUNT ACTIVITY> Gerald B. Rosenberg
`<COMPANY/FIRM NAME> NewTechLaw
`
`<LAW OFFICE INFORMATION>
`
`* The USPTO is authorized to communicate with the applicant’s attorney at the below e—mail
`address *
`
`<E—MAIL ADDRESS FOR CORRESPONDENCE> gbr@newtechlaw.com
`
`<SIGNATURE AND OTHER INFORMATION>
`
`* PTO-Application Declaration: 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 application on
`behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service
`mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b),
`he/she believes applicant to be entitled to use such mark in commerce; 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/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.
`,1,
`
`<SIGNATURE>
`<DATE>
`
`<NAME>
`<TITLE>
`
`/Gerald B. Rosenberg/
`01/24/2001
`
`Gerald B. Rosenberg
`Partner, NewTechLaw
`
`15
`
`

`
`eTeas Trademark/Service Mark Application
`
`78044791
`
`<SERIAL NUMBER> 78044791
`
`<FILING DATE> 01/24/2001
`
`<DOCUMENT INFORMATION>
`
`<TRADEMARK/SERVICEMARK APPLICATION>
`<VERSION 1.22>
`
`<APPLICANT INFORMATION>
`
`<NAME>
`<STREET>
`
`<CITY>
`
`<STATE>
`
`<COUNTRY>
`
`<ZIP/POSTAL CODE>
`<TELEPHONE NUMBER>
`
`<FAX NUMBER>
`
`FlyOVer Technologies, Inc.
`3862 Panda Place
`
`San Jose
`
`CA
`
`USA
`
`95 1 17
`408-615-841 1
`
`408-615-8489
`
`<APPLICANT ENTITY INFORMATION>
`
`<CORPORATION: STATE/COUNTRY OF INCORPORATION> Delaware
`
`<TRADEMARK/ SERVICEMARK INFORMATION>
`<MARK> FLYOVER
`
`<TYPED FORM> Yes
`
`* Applicant requests registration of the above-identified trademark/service mark in the United
`States Patent and Trademark Office on the Principal Register established by the Act of July 5,
`1946 (15 U.S.C. Section 1051 et seq., as amended). "‘
`
`<BASIS FOR FILING AND GOODS/ SERVICES INFORMATION>
`
`<USE IN COMMERCE: SECTION 1(a)> Yes
`* Applicant is using or is using through a related company the mark in commerce on or in
`connection with the below—identified goods/services. (15 U.S.C. Section 1051(a), as amended.).
`Applicant attaches one SPECIMEN for each class showing the mark as used in commerce on or
`in connection with any item in the class of listed goods and/or services. *
`<INTERNATIONAL CLASS NUMBER> 009
`
`<LISTING OF GOODS AND/OR SERVICES> COMPUTER PROGRAMS AND
`
`NETWORKED PRESENTATION SYSTEMS PROVIDING FOR THE CREATION,
`
`MODIFICATION, SELECTION, NAVIGATION, AND DISPLAY OF TWO DIMENSIONAL
`AND THREE DIMENSIONAL TOPOGRAPHICAL MAPS AND OTHER TOPOLOGICALLY
`
`PRESENTED INFORMATION INCLUDING USER DOCUMENTATION AND OTHER
`
`MATERIAL SOLD WITH THE COMPUTER PROGRAMS AND SYSTEMS, IN
`INTERNATIONAL CLASS 009.
`
`PTO Form 1478 (Rev 9/98)
`OMB No. 0651-0009 (Exp. 08/31/01)
`
`Page 1 of 4
`
`78044791
`
`05/08/2001 6:32 PM
`
`16
`
`

`
`eTeas Trademark/Service Mark Application
`
`78044791
`
`<FIRST USE ANYWHERE DATE> 06/30/2000
`
`<FIRST USE IN COMMERCE DATE> 06/30/2000
`
`<BASIS FOR FILING AND GOODS/ SERVICES INFORMATION>
`
`<USE IN COMMERCE: SECTION 1(a)> Yes
`* Applicant is using or is using through a related company the mark in commerce on or in
`connection with the below-identified goods/services. (15 U.S.C. Section 1051(a), as amended.).
`Applicant attaches one SPECIMEN for each class showing the mark as used in commerce on or
`in connection with any item in the class of listed goods and/or services. *
`<INTERNATIONAL CLASS NUMBER> 042
`
`<LISTING OF GOODS AND/OR SERVICES> COMPUTER SERVICES, INCLUDING THE
`
`OPERATION AND TRAINING FOR THE OPERATION OF SYSTEMS AND SOFTWARE,
`
`FOR THE CREATION, MODIFICATION, SELECTION, NAVIGATION, AND DISPLAY OF
`TWO DIMENSIONAL AND THREE DIMENSIONAL TOPOGIMPHICAL MAPS AND
`
`OTHER TOPOLO GICALLY PRESENTED INFORMATION, IN INTERNATIONAL CLASS
`42.
`
`<FIRST USE ANYWHERE DATE> 06/30/2000
`
`<FIRST USE IN COMMERCE DATE> 06/30/2000
`
`<ATTORNEY INFORMATION>
`
`<NAME>
`<STREET>
`
`Suite 520
`
`<CITY>
`
`<STATE>
`
`<COUNTRY>
`
`<ZIP/POSTAL CODE>
`
`<E-MAIL ADDRESS>
`<FIRM NAME>
`
`Gerald B. Rosenberg
`285 Hamilton Avenue
`
`Palo Alto
`
`CA
`
`USA
`
`94301
`
`gbr@newtechlaw.com
`NewTechLaw
`
`<TELEPHONE NUMBER>
`
`<FAX NUMBER>
`
`650-325-2100
`
`650-325-2107
`
`<ATTORNEY DOCKET NUMBER> FLVT6000
`
`<FEE INFORMATION>
`
`<TOTAL FEES PAID> 650
`
`<NUMBER OF CLASSES PAID> 2
`
`<NUMBER OF CLASSES> 2
`
`<DEPOSIT ACCOUNT INFORMATION>
`
`<DEPOSIT ACCOUNT NUMBER> 500890
`
`* The U.S. Patent and Trademark Office is hereby authorized to charge any fees or credit any
`
`Page 2 of 4
`
`78044791
`
`05/08/2001 6:32 PM
`
`17
`
`

`
`eTeas Trademark/Service Mark Application
`
`78044791
`
`overpayments to the deposit account listed above. *
`<NAME OF PERSON AUTHORIZING ACCOUNT ACTIVITY> Gerald B. Rosenberg
`<COMPANY/FIRM NAME> NewTechLaw
`
`<LAW OFFICE INFORMATION>
`
`* The USPTO is authorized to communicate with the applicant’s attorney at the below e-mail
`address *
`
`<E-MAIL ADDRESS FOR CORRESPONDENCE> gbr@newtechlaw.com
`
`<SIGNATURE AND OTHER INFORMATION>
`
`"‘ PTO—Application Declaration: 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 application on
`behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service
`mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b),
`he/she believes applicant to be entitled to use such mark in commerce; 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/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.
`>l<
`
`<SIGNATURE>
`<DATE>
`
`<NAME>
`<TITLE>
`
`/Gerald B. Rosenberg/
`01/24/2001
`
`Gerald B. Rosenberg
`Partner, NewTechLaw
`
`<MAILING ADDRESS>
`
`<LINE> Gerald B. Rosenberg
`<LINE> NewTechLaw
`
`<LINE> 285 Hamilton Avenue
`
`<LINE> Suite 520
`
`<LINE> Palo Alto CA 94301
`
`<SERIAL NUMBER INFORMATION>
`
`<SERIAL NUMBER> 78/044791
`
`<INTERNET TRANSMISSION DATE> Wednesday, 01-24-2001 20:01:36 EST
`<TEAS STAMP>
`
`USPTO—216102162250—20010124200118855-78/044791-
`1229be90235b39bf14d21650c69805c76ab—DA—500890—20010124200118855
`
`Page 3 of 4
`
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`
`05/08/2001 6:32 PM
`
`18
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`

`
`eTeas Trademark/Service Mark Application
`
`78044791
`
`E-MAIL ADDRESS FOR ACKNOWLED GMENT> gbr@newtech1aw.com
`
`Page 4 of 4
`
`78044791
`
`05/08/2001 6:32 PM
`
`19
`
`

`
`Drawing Page
`
`Applicant:
`Flyover Technologies, Inc.
`3862 Panda Place
`San Jose CA USA 95117
`
`Serial Number:
`78044791
`
`Date of First Use:
`06/30/2000
`Date of First Use in Commerce:
`06/30/2000
`Goods and Services:
`COMPUTER PROGRAMS AND NETWORKED PRESENTATION SYSTEMS PROVIDING FOR THE
`
`CREATION, MODIFICATION, SELECTION, NAVIGATION, AND DISPLAY OF TWO
`DIMENSIONAL AND THREE DIMENSIONAL TOPOGRAPHICAL MAPS AND OTHER
`TOPOLOGICALLY PRESENTED INFORMATION INCLUDING USER DOCUMENTATION AND
`
`OTHER MATERIAL SOLD WITH THE COMPUTER PROGRAMS AND SYSTEMS,
`INTERNATIONAL CLASS 009.
`
`IN
`
`Date of First Use:
`06/30/2000
`Date of First Use in Commerce:
`06/30/2000
`Goods and Services:
`INCLUDING THE OPERATION AND TRAINING FOR THE OPERATION
`COMPUTER SERVICES,
`OF SYSTEMS AND SOFTWARE, FOR THE CREATION, MODIFICATION, SELECTION,
`NAVIGATION, AND DISPLAY OF TWO DIMENSIONAL AND THREE DIMENSIONAL
`TOPOGRAPHICAL MAPS AND OTHER TOPOLOGICALLY PRESENTED INFORMATION,
`INTERNATIONAL CLASS 42.
`
`IN
`
`Mark:
`
`FLYOVER
`
`I|||||||||||||||||||||||||||||||||||||||
`
`NO OCR
`
`01-24-2001
`
`20
`
`

`
`UNITED STATES DEPARTMENT OF COMMERCE
`Patent and Trademark Office
`“APPLICANT
`)3i_lx
`
`Acruggq N0.
`V
`
`MAlLlNG DATE
`'
`
`FORM PTo_1525 (§_9fl)
`— ‘A1’
`
`FFIGE
`‘ U.$--- ,_~—»—/—' w “N ”
`
`,- . .
`
`‘
`
`,
`
`’
`
`ADDRESS:
`Assistant Commissioner
`for Trademarks
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Ifno fees are enclosed, tha address should include the
`words "Box Responses 7 No Fee. "
`_
`Pleaseprovide inall correspondence:
`1. FilingDate,serialnumber,markand
`
`> Applicants name.
`2. Mailing date ofthis Office action.
`3. Examining Attomey’s name and
`Law Office number.
`4, Your telephone number and ZIP code.
`
`21
`
`

`
`78/044791
`
`I.
`
`Identification of Goods/Services
`
`The wording "including user documentation and other material sold with the computer
`programs and systems" in the identification of goods is unacceptable as indefinite. The applicant
`may amend this wording to "and instructional manuals sold as a unit," if accurate. TMEP section
`804.
`
`The wording "networked presentation systems" in the identification of goods is too broad
`because it could include items classified in other classes.
`The applicant must amend the
`identificationto list each item by its common commercial name. Tl\/[EP sections 804 and 804.03.
`
`In the identification, the applicant must use the common commercial names for the goods,
`be as complete and specific as possible and avoid the use of indefinite words and phrases.
`If the
`applicant chooses to use indefinite terms,
`such as "accessories,"
`"components,"
`"devices,"
`"equipment," "materials," "parts," "systems" and "products," then those words must be followed by
`the word "namely" and the goods listed by their common commercial names. Tl\/[EP sections 804
`and 804.08(c).
`
`is
`in the recitation of services
`the operation"
`.
`services.
`The wording "computer
`unacceptable as indefinite because it does not clearly define the service. The applicant must amend
`the recitation to specify the common commercial name of the services. If there is no common
`commercial name for the services,
`the applicant must describe the services and indicate their
`nature. TMEP section 1301.05.
`If the applicant has access to the world wide web, it is strongly I
`recommended that
`it review the Office’s searchable‘ database of the Manual of Acceptable
`Identifications of Goods and Services.
`The address for this is: http://www.uspto.gov/cgi-
`bin/goods-services.pl
`"
`
`The wording "including training" in the recitation of services is unacceptable as indefinite.
`The applicant may amend this wording to " Computer education training services," if accurate.
`TMEP section 130105. See Classification below.
`
`In the identification, the applicant should use the common commercial designation for the
`services, be as complete and specific as possible and avoid the use of indefinite words and phrases.
`The applicant may not include broad wording such as "services in connection with..." or "such as"
`or "including" or "and like services" or "systems" or "products" or "concepts" or "not limited to..."
`Tl\/[EP sections 804.08(c) and 1301.05.
`
`Please note that, while an application may be amended to clarify or limit the identification,
`additions to the identification are not permitted. 37 CFR. Section 2.71(a); Tl\/EEP section 804.09.
`Therefore, the applicant may not amend to include any services that are not within the scope of the
`services recited in the present identification.
`
`II.
`
`Requestfor Information.
`
`In order to allow proper
`The nature of the service is not clear from the present ‘record.
`identification and classification of the goods and services in connection with which the applicant
`uses the mark, the applicant must submit samples of advertisements or promotional materials.
`If
`"such materials are not available, the applicant must submit a photograph of the goods and services
`
`22
`
`

`
`78/044791
`
`-3-
`
`C
`
`ll
`
`and describe their nature, purpose and channels of trade.
`sections 1103.04 and 1105.02.
`
`37 C.F.R. Section 2.61(b)', TMEP
`
`111.
`
`Classification of the Goods/Services.
`
`The goods and services are not all classified correctly. The applicant must amend the
`application to classify the goods and services as follows:
`
`Class 9:
`Class 41:
`Class 42:
`
`4
`computer programs etc.
`computer education training services in the field of creating, etc.
`computer services, namely [specify the service]
`
`37 CFR. Sections 2.33(a)(1)(vi) and 2.85; T1\/[EP sections 805 and 1401. The decision as to the
`proper classification of goods or services is a purely administrative matter which is within the sole
`discretion of the Patent and Trademark Office. In re Tee-Pak, Inc, 164 USPQ 88 (TTAB 1969).:
`
`IV.
`
`ll/Iultiple Class Application Issues.
`
`A.
`
`Fees.
`
`The application identifies goods and services that may be classified in several international
`classes. Therefore, the applicant must either:
`(1) restrict the application to the number of classes
`covered by the fee already paid, or (2) pay the required fee for each additional class. 37 CFR.
`Section 2.86(a)(2); TMEP sections 810.01 and 1113.01.
`
`Effective January 10, 2000, the fee for filing a trademark application is $325 for each class. This
`applies to classes added to pending applications as well as to new applications filed on or after that
`date. 37 C.F.R. Section 2.6(a)(1).
`
`B.
`
`Specimen.
`
`1f the applicant adds any classes, the applicant must submit a specimen showing use of the
`mark in each new class. 37 CFR. Section 286(a)(3); TMEP section 1113.01. The applicant must
`verify that the new specimen was in use in commerce on or before the application filing date with
`an affidavit or a declaration under 37 CFR. Section 2.20. 37 CPR. Section 259(a).
`Ifi however,
`the new specimen is of the same type as those already of record, the applicant need not verify the
`date of use. The statement supporting use of the substitute specimen must read as follows:
`
`The substitute specimen was in use in commerce at least as early as the filing date of the
`application.
`
`The applicant must sign this statement either in affidavit form or with a declaration under 37
`CFR. Section 2.20.
`
`C.
`
`Dates of Us;
`
`The applicant must amend the application. to include dates of first use and use in commerce
`for each class. 37 CFR. Section 2.86(b)‘, Tl\/[EP section 1113.01.
`If the dates differ from those
`
`23
`
`

`
`78/044791
`
`-4-
`
`already of record, the applicant must verify the amendment with an affidavit or a declaration under
`37 C.F.R. Section 2.20. 37 C.F.R. Section 2.7l(c).
`
`D.
`
`Proper Listing by Numerical Class.
`
`The applicant must list the goods and services by international class number in ascending
`numerical order. Tl\[EP sections 202.0l(b) and 1113.01.
`
`V.
`
`Specimen
`
`To base the
`Applicant has asserted a 1(a) basis however has failed to submit specimens.
`application on the applicant’s use of the mark in commerce the applicant must submit
`the
`following:
`
`(1) A statement that the mark is in use in commerce and was in use in commerce on or in
`connection with the goods or services listed in the application on the application filing date;
`
`(2) The date of the applicant's first use of the mark anywhere on or in connection with the
`goods or services;
`
`(3) The date of the applicant's first use of the mark in commerce as a trademark or service
`mark; and
`
`(4) One specimen for each class,’ showing how the applicant actually uses the mark in
`commerce.
`If the specimens are not filed with the initial application, applicant must
`submit a statement that the specimens were in use in commerce at least as early as the
`application filing date.
`*
`
`i.e., supported either by an affidavit or by a
`These items must be verified by the applicant,
`declaration under 37 C.F.R. Sections 2.20 and 2.33, Trademark Act Section 1(a), 15 USC. Section
`105 l (a); 37 C.F.R. Sections 2.34(a)(l) and 2.59(a).
`
`If the applicant cannot comply with the requirement for a specimen of use for the Section 1(a)
`basis asserted, the applicant may substitute a different basis for filing if the applicant can meet the
`requirements for the new basis.
`
`In this case, the applicant may wish to amend the application to assert a Section l(b) basis.
`
`To base the application on a bona fide intention to use the mark in commerce, the applicant must
`submit the following statement:
`
`The applicant has had a bona fide intention to use the mark in commerce on or in
`connection with the goods or services listed in the application since the filing date of the
`application.
`‘
`
`This statement must be must be verified, i.e., supported either by an affidavit or by a declaration
`under 37 C.F.R. Sections 2.20 and 2.33. Trademark Act Section l(b), l5 U.S.C. Section lO51(b);
`37 C.F.R. Section 2.34(a)(2)(i). The following is a properly worded declaration under 37 C.F.R.
`
`24
`
`

`
`78/044791
`
`-5-
`
`Section 2.20. At the end of the r