PTO Form 1966 (Rev 5/2006)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`Voluntary Amendment
`
`The table below presents the data as entered.
`
`Entered
`
`85480792
`
`LAW OFFICE 111
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`ADDITIONAL STATEMENTS SECTION
`
`MISCELLANEOUS STATEMENT
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) MISCELLANEOUS FILE NAME(S)
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)ORIGINAL PDF FILE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)CONVERTED PDF FILE(S)
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(2 pages)
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`PTO Form 1966 (Rev 5/2006)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85480792
`
`EXPRESS
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`mis-16619019859-235803757_._85480792_Response_091712.pdf
`
`\\TICRS\EXPORT16\IMAGEOUT16\854\807\85480792\xml1\PRA0002.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\854\807\85480792\xml1\PRA0003.JPG
`
`/Jeffrey Volk/
`
`Jeffrey Volk
`
`Founder
`
`8055420738
`
`09/20/2012
`
`YES
`
`Fri Sep 21 00:04:40 EDT 2012
`
`USPTO/PRA-XX.XXX.XXX.XXX-
`20120921000440255471-8548
`0792-490545f429ad2caf0c9a
`840d3eacf4de7-N/A-N/A-201
`20920235803757548
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`

`To the Commissioner for Trademarks:
`
`Voluntary Amendment
`
`Application serial no. 85480792(cid:160)EXPRESS(Standard Characters, see http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85480792)
`has been amended as follows:
`
`ADDITIONAL STATEMENTS
`Miscellaneous Statement
`
`Original PDF file:
`mis-16619019859-235803757_._85480792_Response_091712.pdf
`Converted PDF file(s) ( 2 pages)
`Miscellaneous File1
`Miscellaneous File2
`
`SIGNATURE(S)
`Voluntary Amendment Signature
`Signature: /Jeffrey Volk/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 09/20/2012
`Signatory's Name: Jeffrey Volk
`Signatory's Position: Founder
`
`Signatory's Phone Number: 8055420738
`
`The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either
`(1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent
`previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has
`granted the request of his/her prior representative to withdraw.
`
`Serial Number: 85480792
`Internet Transmission Date: Fri Sep 21 00:04:40 EDT 2012
`TEAS Stamp: USPTO/PRA-XX.XXX.XXX.XXX-201209210004402
`55471-85480792-490545f429ad2caf0c9a840d3
`eacf4de7-N/A-N/A-20120920235803757548
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`

`

`09/17/12
`
`To: USPTO Attorney Nakia Henry
`Subject: Response to refusal of U_S_ T.M. APPLICATION NO. 85480792 - EXPRESS
`
`APPLICATION SERIAL NO. 85480792
`MARK: EXPRESS
`
`Registration of the applied-for mark- “Express” for “Devices capable of storing/producing/computing,
`transmitting, receiving, data/signals including sound, irnages/video, and text, namely: transceivers,
`personal computers, lap—tops, tablet computers, tablet mobile phones, telephones, cellular/mobile
`telephones, sold as integrated components and separate components. Accessories for the aforementioned
`goods, namely, internal and external components, namely, antennas, battery chargers, batteries, hands—free
`headsets, vehicle mountings, housings/face plates, carrying cases/pouches/holsters
`
`Thank You for your Office Action dated 03/17/12; your Office Action review was very comprehensive, and
`I need more time to research the marks which were cited in the Office Action, however I have a preliminary
`response and I have made notes next to the marks which were cited; the following marks:
`
`U.S. Registration No.3922364 “Channel Express” for “transceivers”[owned by Ranger Electronic
`Communications](We filed a Leter Of Protest against this mark, which was granted, this mark should of
`never been allowed to be register, however, this mark is for a button on a CB Radio, we have removed
`transceivers from this application list of goods)
`
`3950050 “ExpressMaps” for the relevant goods, computers [owned by Spot Image](This mark is for a
`satelite map website, however it appears they have never used the mark.
`
`3916159 “Xpressradio” for the relevant goods, namely mobile telephones and accessories for mobile
`telephones, namely batteries, battery chargers, headsets [owned by Nokia](We filed a Leter Of Protest
`against this mark, which was granted, this mark should of never been allowed to be register, however it
`appears they have never used the mark.
`
`79048130 “Rittal Express” plus a design for the relevant goods, namely “adapted housings for the
`accommodation of electrical installations, in the fields of computers for [putting] up electrical
`installations [owned by Rittal GmbH](This mark is for large locker size cabinets for electonics, and not
`housings/covers/face plates for mobile devices)
`
`3524420 “Nasuba Express”[owned by LCS Media] (This mark has a list of “everything under the sun”
`electonics except mobile phones and tablets, however it appears they have never used the mark.
`
`2931609 “Express Fast Charger” and 3430696 “Express” [owned by ESRMCO Corp.] (These marks are for
`Industrial heavy equipment batteries and chargers for large equipment such as fork—lifts, and not mobile
`phones and tablets)
`
`3681466 “Think Express” and 3681462 “Express”[both owned by International Business Machines] (These
`marks are for Mainframe Business Computers, and not mobile phones and tablets)
`
`3476179 “Express Gate” [owned by Asustek Computer Inc.](This mark is for an software that is for access
`to internet and e-mail and not mobile phones and tablets)
`
`2496915 “Neax Express” for the relevant goods “computers”
`
`

`

`[owned by NEC Infrontia Corp](This mark was cancelled on 05/ 12/ 12/21 1 2)
`
`1529489 “Bowler Express” with a design for the relevant goods, namely
`computers [Computer Sports Systems, Inc.](This mark is for Bowling Alley systems, and not mobile
`phones and tablets)
`
`1606164 “Callxpress” for the relevant goods, computers[Applied Voice & Speech](This mark is for
`mainframe voicemail systems, and not mobile phones and tablets)
`
`Here, the proposed mark is “Express” and the registrants’ marks contain Express or variations of Express
`which are phoenetically similar but they also contain additional terms which “stand out”, which will likely
`obviate the similarity between the marks and eliminate likelihood of confusion.
`
`In “Channel Express” (Channel stands out more than Express)
`“ExpressMaps” (Maps stands out)
`“Xpressradio” (Radio stands out)
`“Rittal Express”(Rittal stands out)
`“Nasuba Express”(Nasuba stands out)
`“Express Fast Charger” (Fast charger stands out)
`“Express Gate”(Gate stands out)
`“Micro Express”(Micro stands out)
`“Bowler Express”(Bowler stands out)
`“Ca1lxpress”(Call stands out)
`
`The effective filing date of pending Application Serial No. 85409403 precedes applicant’s filing date,
`however, our chief Trademark Registration 3026855 pre-dates application 85409403, we filed a letter of
`protest which was granted, application 85409403 should of never been approved according to many
`trademark rules. We are ir1 the process of negotiating a resolution with this applicant, to include a voluntary
`abandonment of their registration.
`
`Applicant adopts the following identification of goods:
`Class 009: Devices capable of storing and producing and computing, transmitting, receiving, data and
`signals including sound, images and video, and text, namely: personal computers, lap-tops,
`tablet computers, tablet mobile phones, telephones, cellular and mobile telephones, sold as integrated
`components and separate components. Accessories for the aforementioned goods, namely, internal and
`external components, namely, antennas, battery chargers, batteries, hands-free headsets, vehicle
`mountings, housings: decorative face plates, carrying cases and pouches
`
`Respectfiilly submitted, thanks,
`
`Jeff Volk
`Founder
`
`Express
`PO Box 828
`
`Pismo Beach, CA 93448
`Tel: 805-542-0738
`
`