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Re: mide post# 93785

Tuesday, 11/13/2007 4:56:14 PM

Tuesday, November 13, 2007 4:56:14 PM

Post# of 157300
It's a moot point and pointless as HOTZONE is registered to
FalconStor Software, Inc. (REGISTRANT)
Registration Number 2848598
Registration Date June 1, 2004

FalconStor Software, Inc owns the Hotzone trademark.

Globetel has applied for the word Hotzone, and at this juncture, they are an applicant only.

Thus far, Globetel has been refused this trademark by the United States Patent and Trademark Office examining attorney for several reasons.
Amongst them-
Registration of the proposed mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 2848598. ((REGISTRANT) FalconStor Software, Inc.)

Registration is refused because the proposed mark merely describes the feature and purpose of applicant’s goods.


The Office action is open and awaiting a response/appeal from Globetel.

Whether or not Globetel responds is open to speculation. It appears that Globetel may have given the office a limited response-as the examining attorney said this-
-"Merely stating that information about the goods or services is available on applicant’s website is an inappropriate response to a request for additional information, and is insufficient to make the relevant information
of record."


Click on this link to see the entire ruling--
12-Sep-2007 Offc Action Outgoing- at this link- and scroll down the page for
details.
http://trademarkoffice.notlong.com

Any claims that Globetel owns Hotzone trademark are contrary to United States Patent and Trademark Office. Keywords here are registrant and applicant. Registrant is the owner.



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