`
`Ser. No. 76/572,490
`
`ETHE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant
`
`Serial No.
`
`Mark
`
`Filing Date
`
`Examiner
`
`Symbol Technologies, Inc.
`
`76/572,490
`
`SYMBOL THE ENTERPRISE MOBILITY COMPANY
`
`January 26, 2004
`
`Tanya Amos
`
`Law Office
`
`113
`
`REQUEST FOR RECONSIDERATION
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`To The Commissioner For Trademarks:
`
`follows:
`
`Applicant respectfully responds to the Office Action dated March 21, 2005, as
`
`I.
`
`AMENDMENT TO THE RECITATION OF SERVICES
`
`Pursuant to the Examining Attomey’s request, Applicant requests that the current
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`recitation c-f services in Classes 35 and 42 be deleted and replaced with the following:
`
`“Promoting the goods and services of others; providing source and
`technical information concerning the features and interoperability
`of the products of third-party software providers for use with bar
`code systems, software and hardware” in International Class 35;
`a:r1d
`
`“Technical consultation services in the field of bar code data
`
`capture systems, software and hardware; installation of computer
`software and up-dating of computer software for bar code data
`capture systems; computer services, namely, designing and
`implementing for others wireless local area networks, end-to-end
`mobile computing systems and computer hardware and software
`systems for capturing, moving and managing data; consulting
`services in the field of design, selection, implementation and use of
`
`NYO2:52935l .1
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`09-27-2005
`U.S. Patent & TMOfcITM Mail Rcpt D1. #01
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`
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`L12717 - 074268.0483
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`Ser. No. 76/572,490
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`computer hardware and software systems for others” in
`International Class 42.
`
`Applicant submits that the proposed amendment is limiting in scope and therefore
`
`proper. In particular, Applicant submits that the language “promoting the goods and services of
`
`others” falls within the scope of the language “sales services”, which was originally included in
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`the application.
`
`Applicant notes that the Class 9 identification of goods and Class 37 recitation of
`
`services remain unchanged as the Examining Attorney accepted Applicant’s previous
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`amendments thereto.
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`II.
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`QAIM OF ACQUIRED DISTINCTIVENESS, IN PART
`
`The Examining Attorney maintained its requirement for a disclaimer of the
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`wording “ENTERPRISE MOBILITY COMPANY” on the grounds that the phrase is allegedly
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`merely descriptive. Trademark Act Section 6, l5 U.S.C. Section 1056; TMEP sections 1213 and
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`12l3.08(a)(i). Although Applicant respectfully disagrees with the Examining Attomey’s
`
`conclusion for the reasons identified in Applicant’s February 18, 2005 Response to Office
`
`Action, Applicant respectfully requests that the application be amended to seek registration
`
`under Trademark Act Section 2(1), 15 U.S.C. 1052(f), i_n 1, based on a showing of acquired
`
`distinctiveness in the unitary designation “THE ENTERPRISE MOBILITY COMPANY”.
`
`It is well recognized that acquired distinctiveness can be established in a relatively
`
`short period of time if the allegedly descriptive term or phrase at issue is the subject of extensive
`
`advertising and public exposure. E 2 J. Thomas McCarthy, McCarthy on Trademarks and
`
`Unfair Conipejg, § 15:56 at 15-87 ("With the advent of massive advertising campaigns on
`
`television and in the national news magazines, a new trademark may achieve wide usage and
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`NY02:529351.1
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`2
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`L12717 - 074268.0483
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`Ser. No. 76/572,490
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`‘secondary meaning‘ within a matter of days or weeks, compared to the many years required in
`
`the days ofmore leisurely advertising"); see gdsg In re Callaway Golf Company, 2001 WL
`
`902004 (Trademark Tr. & App. Bd.) (reversing refusal to register upon finding that applicant had
`
`established acquired distinctiveness in the mark STEELHEAD for golf clubs in approximately 2
`
`year period where applicant had $134 million in sales and advertising expenditures in excess of
`
`$2.5 million).
`
`Here, although Applicant has used the designation THE ENTERPRISE
`
`MOBILITY COMPANY since only January 10, 2004, Applicant submits that it has sufficiently
`
`educated the public to associate the unitary designation “THE ENTERPRISE MOBILITY
`
`COMPANY” with a single source, namely, itself, through its extensive and substantially
`
`exclusive and continuous use thereof with the goods and services covered by the application. In
`
`support of its claim of acquired distinctiveness, Applicant submits the Declaration of Aaron B.
`
`Bernstein, Vice President, Deputy General Counsel, Intellectual Property of Applicant, Symbol
`
`Technologies, Inc.
`
`Advertising/Commercial Impressions
`
`As set forth in the Declaration submitted herewith, Applicant has aggressively
`
`advertised, marketed and promoted the subject mark in connection with goods and services
`
`covered by the subject application in a wide variety of media since at least as early as January
`
`2004, including, through national trade publications, on the Internet, through direct mailings and
`
`direct e-ma.il communications, at trade shows, and in other ways customary in the trade,
`
`spending approximately $25,000,000 to date on such efforts (in excess of $13,000,000 during
`
`2004, nearly $12,000,000 through the first eight (8) months of 2005). Bernstein Decl. W 2, 3.
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`NY02:52935 1 .1
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`3
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`L12717 - 074268.0483
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`Ser. No. 76/572,490
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`Print advertisements featuring the name and mark THE ENTERPRISE
`
`MOBILITY COMPANY have appeared in national publications such as Logistics Today,
`
`Wireless Week, Chain Store Age, Retail Technology Quarterly, Consumer Goods Technology,
`
`RIS News, Supply and Demand Chain Executive, Supply Chain Management Review, Mobile
`
`Enterprises and eWeek. Such print advertisements have resulted in excess of four (4) million
`
`commercial impressions. Advertisements containing the designation THE ENTERPRISE
`
`MOBILITY COMPANY have been widely distributed on the Internet, generating over thirteen
`
`(13) million additional commercial impressions. Tens of millions of additional impressions have
`
`resulted from advertisements placed at various airports around the United States. Attached to
`
`Mr. Bemstein’s Declaration as Exhibit A are representative samples of promotional materials
`
`prominently featuring App1icant’s use of the designation THE ENTERPRISE MOBILITY
`
`COMPANY, including sample print ads, Internet banner ads and product data sheets. Bernstein
`
`Decl. W 4 and 5.
`
`Symbol also advertises and promotes its services on the Internet at its website
`
`www. symbol. com. Substantially every webpage on the symbol. com website prominently features
`
`the name and m.ark SYMBOL THE ENTERPRISE MOBILITY COMPANY. Since adopting
`
`the designation THE ENTERPRISE MOBILITY COMPANY, Symbol’s website has received
`
`approximately one (1) million hits per day, averaging tens of millions of hits per month.
`
`Representative printouts from Symbol’s website showing use of the designation are attached to
`
`Mr. Bemstein’s Declaration as Exhibit B. Bernstein Decl. 1[ 6.
`
`Applicant points out that its use of the designation THE ENTERPRISE
`
`MOBILITY COMPANY is routinely accompanied by notice that Symbol claims trademark
`
`NY02:529351.1
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`4
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`L12717 — O74268.0483
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`Ser. No. 76/572,490
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`rights therein. Bernstein Decl. 1] 5. Such practice has served to educate the public to associate
`
`the designation with a single source, Symbol.
`
`Revenue
`
`Since adopting the designation SYMBOL THE ENTERPRISE MOBILITY
`
`COMPANY, Symbol’s revenue has been in excess of $2.61 billion. Bernstein Decl. 1] 7. Even
`
`in today’s world, sales success to this extent is rare. Accordingly, this factor further supports the
`
`conclusion that the designation THE ENTERPRISE MOBILITY COMPANY has acquired
`
`secondary meaning.
`
`Media Attention
`
`Symbol’s name and mark SYMBOL THE ENTERPRISE MOBILITY
`
`COMPANY has also been the subject of extensive media attention. A Lexis/Nexis search
`
`reveals over two hundred articles and published press releases containing the designation THE
`
`ENTERPRISE MOBILITY COMPANY in reference to Applicant. A summary of the
`
`Lexis/Nexis search results evidencing same is attached to Mr. Bemstein’s Declaration as Exhibit
`
`C. Bemstein D<g:_l_. 1] 8.
`
`Exclusivity of Use
`
`Significantly, Applicant is unaware of any third-party users of the designation
`
`THE ENTERPRISE MOBILITY COMPANY. Bernstein Decl. 11 9. Based on its extensive and
`
`substantially exclusive and continuous use thereof, Applicant, and no one else, has come to be
`
`‘
`
`associated with the designation THE ENTERPRISE MOBILITY COMPANY.
`
`Doubt Resolved in Favor of Applicant
`
`Any doubt with respect to the issue of descriptiveness should be resolved in
`
`applicant’s favor. In re Conductive Sys., Inc., 220 U.S.P.Q. 84, 86 (T.T.A.B. 1983). Indeed, it is
`
`NYO2:52935l.l
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`5
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`L12717 - O74268.0483
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`Ser. No. 76/572,490
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`well established that the Trademark Trial and Appeal Board has a policy of resolving doubts in
`
`
`the applicant’s favor in ex parte cases. E In re Gourmet Bakers Inc., 173 U.S.P.Q. 565
`
`(T.T.A.B. l972)(descriptiveness rejection).
`
`III.
`
`_l:I_QTICE OF APPEAL
`
`Applicant notes that on this date it has filed a Notice of Appeal to the Trademark
`
`Trial and Appeal Board with a request that the appeal be suspended pending consideration of the
`
`2(f) claim made herein. A copy of the Notice of Appeal as filed is attached hereto.
`
`CONCLUSION
`
`In view of the foregoing, Applicant respectfully requests that the Examining
`
`Attorney withdraw the requirement for a disclaimer of “ENTERPRISE MOBILITY
`
`COMPANY”, accept Applicant’s evidence of acquired distinctiveness as to that designation, and
`
`forward the application on to publication. Prompt and favorable action is respectfully requested.
`
`Dated: September21, 2005
`
`By:
`
`Respectfully submitted,
`
`BAKER BOTTS L.L.P.
`
`E
`
`Robert M. Wasnofski, J .
`30 Rockefeller Plaza
`
`'5”
`
`New York, New York 10112
`(212) 408-2500
`
`Attorneys for Applicant
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this paper is being deposited with the United States Postal Service as first class mail
`in an envelope addressed to: Commissioner For Trademarks, P.O. Box 1451
`Alexandria, VA 22313-1451, on
`
`Date of Deposit
`Signature
`Name
`
`: Se tember 21 2005
`:
`w
`: Robert M. Wasnofski, Jr.
`
`NY02:52935l.1
`
`6
`
`
`
`MTHE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant
`
`Serial No.
`
`Mark
`
`Filing Date
`
`Examiner
`
`:
`
`:
`
`:
`
`:
`
`:
`
`Symbol Technologies, Inc.
`
`76/572,490
`
`SYMBOL THE ENTERPRISE MOBILITY COMPANY
`
`January 26, 2004
`
`Tanya Amos
`
`Law Office
`
`:
`
`1 13
`
`DECLARATION PURSUANT TO 37 C.F.R. § 2.20
`
`1, Aaron B. Bernstein, declare as follows:
`
`1.
`
`I am Vice President, Deputy General Counsel, Intellectual Property, of
`
`Applicant, Symbol Technologies, Inc. (“Symbol” or “Applicant”), and am authorized to make
`
`this declaration on behalf of Applicant in response to the Office Action dated March 21, 2005.
`
`I
`
`am personally familiar with Symbol’s widespread use of the name and mark SYMBOL THE
`
`ENTERPRISE MOBILITY COMPANY, which is the subject of Application Serial No.
`
`76/572,490 and used in connection with the various goods and services covered by said
`
`application.
`
`2.
`
`Symbol has used the name and mark SYMBOL THE ENTERPRISE
`
`MOBILITY COMPANY in connection with the goods and services covered by the captioned
`
`application since at least as early as January 10, 2004.
`
`3.
`
`Since that time substantial amounts of time, money and effort have been
`
`expended ensuring that the relevant public associates the designation THE ENTERPRISE
`
`MOBILITY COMPANY exclusively with Symbol. Indeed, Symbol has aggressively advertised,
`
`marketed and promoted said name and mark in connection with the goods and services covered
`
`NYO2:523238.2
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`
`
`
`
`by the captioned application in national trade publications, on the Internet, through direct
`
`mailings and direct e-mail communications, at trade shows, and in other ways customary in the
`
`trade, spending approximately $25,000,000 to date on such efforts (in excess of $13,000,000
`
`during 2004, and nearly $12,000,000 through the first 8 months of 2005).
`
`4.
`
`Print advertisements featuring the designation THE ENTERPRISE
`
`MOBILITY COMPANY have appeared in publications such as Logistics Today, Wireless Week,
`
`Chain Store Age, Retail Technology Quarterly, Consumer Goods Technology, RIS News, Supply
`
`and Demand Chain Executive, Supply Chain Management Review, Mobile Enterprises and
`
`eWeek. Such print advertisements have resulted in excess of four (4) million commercial
`
`impressions. Advertisements containing the designation THE ENTERPRISE MOBILITY
`
`COMPANY have also been widely distributed on the Internet, generating over thirteen (13)
`
`million additional commercial impressions. Tens of millions of additional impressions have
`
`resulted from advertisements bearing the subject designation at various airports around the
`
`United States.
`
`5.
`
`Attached hereto as Exhibit A are representative samples of promotional
`
`materials prominently featuring the designation THE ENTERPRISE MOBILITY COMPANY.
`
`Each use of that designation by Symbol is accompanied by a notice that Symbol claims
`
`trademark rights: therein.
`
`6.
`
`Symbol also advertises and promotes its services on the Internet at its
`
`website www.symbol. com. Substantially every webpage on the symbol. com website prominently
`
`features the name and mark SYMBOL THE ENTERPRISE MOBILITY COMPANY. Symbol’s
`
`website is an important resource for consumers interested in learning more about Symbol and its
`
`goods and services. Since adopting the subject designation, Symbol’s website has received, on
`
`NYO2:523238.2
`
`2
`
`
`
`average, approximately one (1) million hits per day, averaging tens of millions of hits per month.
`
`Representative printouts from Symbol’s website showing use of the subject name and mark are
`
`attached hereto as Exhibit B.
`
`7'.
`
`The distinctiveness of the designation THE ENTERPRISE MOBILITY
`
`COMPANY is also evidenced by Symbol’s significant sales success. Since adopting the name
`
`and mark SYMBOL THE ENTERPRISE MOBILITY COMPANY, Symbol’s revenue has been
`
`in excess of $2.61 billion.
`
`8.
`
`Symbol’s name and mark SYMBOL THE ENTERPRISE MOBILITY
`
`COMPANY has also been the subject of extensive media attention. A Lexis/Nexis search
`
`reveals over two hundred articles and published press releases bearing the designation THE
`
`ENTERPRISE MOBILITY COMPANY in reference to Applicant. A summary of the
`
`Lexis/Nexis search results evidencing same is attached hereto as Exhibit C.
`
`9.
`
`Upon information and belief, there are no third-party users of the
`
`designation THE ENTERPRISE MOBILITY COMPANY.
`
`10.
`
`As a result of Symbol’s substantially exclusive and continuous,
`
`widespread. use of the designation THE ENTERPRISE MOBILITY COMPANY since its
`
`adoption thereof, and its extensive advertising efforts featuring same, consumers exclusively
`
`associate said designation with Symbol and Symbol’s goods and services. The designation
`
`SYMBOL THE ENTERPRISE MOBILITY COMPANY indeed serves as a valuable source
`
`indicator. Accordingly, it is respectfully submitted that the designation “THE ENTERPRISE
`
`MOBILITY COMPANY” has acquired secondary meaning and should therefore be entitled to
`
`registration on the Principal Register without a disclaimer.
`
`NY02:523238.2
`
`3
`
`
`
`
`
`I further declare that all statements made herein of my own knowledge are true
`
`and that all statements made on information and belief are believed to be true.
`
`Dated: E
`
`SYMBOL TECHNOLOGIES, INC.
`
`By: Q 4
`
`Name: Aaron B. Bernstein
`
`Title: Vice President, Deputy General Counsel,
`Intellectual Property
`
`NY02:523238.2
`
`4
`
`
`
`EXHIBIT A
`
`
`
`
`
`
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`Features:
`
`v Light, ergonomic design
`v Arzljustable rotating man head
`v 320 x 320 resolution colorimono
`display (with backlig h:)
`v Wireless -802.1 1b.fg LAN
`connectivity
`o Rugged desig n
`o lP64—rate-:1 sealing
`v lntel°XSc:a ie”" PXA270
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`
`v Keytoard options inclrde 28.
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`v Detrise management with Mobility
`Senrizes Piatform r'_iu1SF'J
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`Benefit:
`
`v Reduces userfatigueforhigher
`prod uctiuity in spa n-intensive
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`~ Adjustable scanning pmitions
`for maximum comfort and
`productivity
`o Alkmcs easy viewing in many
`environ ments for increased
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`
`7 things to look for in a handheld
`device for retail:
`
`1. Light weight and a small form factor for easy mobility
`2. Ergon omi: design for comfort during intense scanning
`3. Bright display that is visible in a variety of lighting
`4. Remote device management
`6. Versatility and accessories that extend functionality
`6. Rugged design thatwithstands repeated use
`7. Wireless capability
`
`How the Symbol M03000 measures up:
`1. Small and lightenough tofit in your pocket starting at only 13.4 oz
`2. Omni-directional scanning with symbols patented rotating scan head
`3. Clear visibility with less eye strain thanks to the 320 x 320 screen resolution
`4. Real-time monitoring and management with armbois Mobility
`Senrizes Piatform (MSPJ
`5. 26. C:-‘Sand 48 key keyboard options. long battery life and a full
`range of accessories
`6. Rugged design to withstand 4' concrete drop
`7. 602.11b!g WLAN capabilities provide rea l-time data exchange for
`maxim um productivity
`
`Customizabie Pa rtneroopy goes here.
`This is the phase for3rouroustom‘zed messaging and call to action.
`
`- Designed towithstand multiple
`4—foot drops (1.:2m) to concrete
`and up to 600tLmbles
`~ Protects agains: wawrand dust
`for reliable wrfonnance in rough
`environmental conditions
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`0 Click here
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`NEED A
`
`MOBILE
`
`COMPUTER
`
`THAT CAN
`
`REALLY
`
`HANDLE
`
`RETAIL?
`
`
`
`Service from the Start
`
`
`
`CUSTOMER SERVICES
`
`Easy. Fast. Reliable.
`You count on Symbol products for your business.
`That's why we provide a choice of service center
`coverage for support, timely repair and
`maintenance with Service from the Start.
`
`A Choice of Coverage
`With Symbol Service from the Start, you choose from
`three programs — Bronze, Silver or Gold — that work
`best for you. Bronze service offers repair with three-
`day turnaround time that covers normal wear and
`tear and all materials, parts and labor.
`Or opt for one of our expedited repair programs for
`even faster unit return. Any program you select
`provides multiyear seamless repair coverage at a
`discounted price.
`
`Seamless Service
`
`Purchase service at the same time you purchase
`your Symbol hardware for maintenance support right
`from the start. Automatic activation provides peace-
`of-mind that when you need service, Symbol is
`ready.
`
`Convenient Web-based Repair Request
`It's quick and easy to initiate repair. Just log on
`to the MySymbo|CareTM web site for a return
`material authorization (RMA) number‘. Print out the
`shipping tag and request, and you're on your way.
`Symbol technicians expertly repair your equipment
`to original factory specifications.
`
`Flexible Service Programs to Fit
`Your Business Needs
`
`Service from the Stan: Programs provide coverage
`for normal wear and tear, faster repair turnaround2
`and telephone support with defined response time.
`See the program summary chart on the reverse side
`for more details.
`
`Service from the Start Benefits
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`Seamless service coverage at a known, one-time cost
`
`Defined response time and escalation path for
`telephone support
`
`Three-day turnaround time after receipt at the Service Center or
`expedited repair program
`
`Coverage for normal wear and tear
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`All materials, parts and labor
`
`Expert repair of your product to original
`manufacturing specifications, by the manufacturer
`
`Testing with the same methods used in the
`manufacturing of the product
`
`Defined engineering changes and updates applied
`
`State-of-the-art technology for complete diagnosis
`
`Web access to MySymbo|CareTM, your single point of access to
`information about your Symbol service
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`gymbol’
`The Enterprise Mobility Company"
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`Service Center Tprofgrams
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`Superior Support and Service to Meet
`Your Business Needs
`
`Symbol Service Center programs ensure maximum
`performance throughout the lifecycle of your advanced
`data capture, mobile computer or wireless infrastructure
`
`device. Symbol Service Center facilities are fully equipped
`with the latest tools and applications to deliver the highest
`level of technical service and expertise.
`
`An experienced support technician
`
`works with you to solve your
`
`problem. In fact, for Symbol
`support contract customers 90
`
`percent of the calls to the Global
`
`Support Center are answered in
`60 seconds or less with a first call
`
`
`resolution rate of over 90 percent.
`
`Flexibility Built In
`Symbol Services offer three levels of support designed to
`meet your needs and budget. Gold, Silver and Bronze
`level programs provide a variety of service, turnaround
`
`and response time programs, ranging from basic repair
`to complete out-of—the—l)ox readiness. in addition to
`standard programs, Symbol Services offer customized
`
`Service Center contracts so you can tailor your own
`support program.
`
`Consistency and Responsiveness
`For any of the Service Center support program and options
`
`you choose, you'll have total confidence in the accuracy
`and responsiveness that goes into addressing your
`concerns.
`
`Service Center Excellence: Your equipment is expertly
`repaired to the original factory specifications with strict
`adherence to Symbol engineering procedures.
`
`Technical Expertise Always on Call: Extensive support for
`your Symbol products and services is a phone call away to
`one of many Symbol Support Centers around the world.
`
`The Symbol Global Support Center stands ready to assist
`customers during normal business hours by telephone or via
`
`e-mail, fax or the Web. Ootional extended availability
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`provides support up to 24 hours a day, every day of the year.
`
`A Single Source for Total System Support: Reduce risk,
`
`streamline operations and accelerate your learning curve
`with a single point of contact for all your
`support needs. Plus, every Symbol
`
`Service Center program includes
`access to MySymbolCare‘”,
`a dedicated Web portal that
`
`delivers instant access to your
`service and support data.
`
`
`
`Why Symbol Support?
`
`Expert repair of your products by the manufacturer to original
`manufacturing specifications
`Reliable turnaround at a known cost
`
`Defined response times and escalation paths for telephone support
`
`State-of-the-art technology for complete diagnosis and testing using
`the same methods utilized in the manufacture of the product
`
`All materials, parts and labor included
`
`Coverage for normal wear and tear
`
`Defined engineering changes applied
`
`Your choice of programs to support your specific needs
`
`Web access to MySymbolCare""', your single point of access to
`information about your Symbol Services
`
`§ymbol
`The Enterprise Mobility Company~
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`§ The En!erprise»MabiIity Company
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`MK2000 Micro Kiosk
`
`Web-Enabled Sell‘—Scrvi<:e Kiosk
`
`KIOSK - MULTIMEDIA
`
`Grow Your Retail Sales and Reduce Costs
`The MK2000 Micro I-{iosk""' from Symbol Technologies is the perfect
`space-saving device to cost-effectively deploy and run multimedia and
`bar code scanning applications throughout your retail environment. This
`versatile, interactive self-service kiosk empowers you to grow your sales
`opportunities while reducing your internal store operation costs.
`
`With a depth of less than 4 in. (10 cm) and a bright, eye-catching 6.4 in.
`(16.26 cm) VGA display, the MK2000 is compact in size yet easily visible
`and intuitive for first-time users. Customers are attracted to the vibrant
`
`screen and become quickly engaged by the device's easy—to-use
`interactive touch screen. Also, employees receive in-aisle access to
`mission-critical information from any location on the floor. Common
`uses include:
`
`Customer Applications
`Pre-sales assistance:
`> Price verification
`> Advertising and promotion
`> Guided selling
`> Order automation
`D Music listening station
`Customer service:
`I Store map display
`> Customer assistance
`> Coupon printing
`Brand loyalty:
`D Frequent shopper information
`> Loyalty card specials
`
`Employee Applications
`Messaging:
`I Record & send overhead pages
`D Access in-store voicemail
`SKU management:
`I Enter alerts (over/under stock)
`P Get SKU details
`Time and attendance:
`D Clock in/out
`P Work schedules access
`Human resources:
`> Read employee bulletins
`> Training
`
`Creating Customer and Employee
`Applications is Easy
`For IT teams, the MK2000 software development kit (SDK) makes it easier
`and faster than ever before to create and deploy applications. The
`comprehensive SDK includes the Kiosk Software Suite, a fully functional
`HTML-based demonstration application with source code. It also
`supports printing capabilities from a variety of programming
`environments including the browser-based Kiosk Software Suite. Large
`and small deployments are streamlined with a simple to use, menu-based
`configuration utility for automated, remote device set up and
`management. All of these features enable you to build interactive
`solutions to satisfy even the most demanding business goals while
`staying on time and on budget — with one device.
`
`Delivering Return on Investment (ROI)
`The MK2000 allows you to improve customer loyalty and satisfaction for
`a stronger bottom line. It also frees your sales associates from time-
`consuming activities, increasing efficiency and productivity per employee
`with in-aisle access to task critical information. In addition, you can
`rollout the MK2000 wth more confidence because it's from Symbol
`'l'echno|ogies—-a global reta I solutions leader with proven systems at
`work in millions of locations around the world.
`
`To find out how your company can benefit from Symbol kiosks, contact us
`at any of our offices, or visit us at www.symbol.com/mk2000.
`
`FEATURES
`
`BENEFITS
`
`_§ymbol'
`The EUl£‘I[}fI5€ Mahl/lfy Company -
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`Executive Summary
`Today the largest government and
`business enterprises in the world are
`developing plans to deploy electronic
`product code (EPCW)-RFID based
`solutions across their global supply
`chains and operations. These
`enterprises have initial deployments
`and programs that utilize RFID to build
`faster supply chains, which provide
`economic payoffs and greater visibility
`into merchandise movement.
`
`With many enterprises adopting and
`mandating EPC-RFID, companies across
`the globe are posing the question: how
`do we identify and capture the business
`benefits of EPC-RFID technology? To
`help companies define and deploy RFID
`successfully, this paper addresses two
`topics:
`
`> Benefits that can be achieved through
`RFID-based solutions
`
`> Reviews the solutions adopted by
`companies in different markets
`
`Structuring Your RFID Business
`Goals
`
`The first step in measuring the value of
`RFID is to define a business map of the
`functional, technical and operational
`changes the enterprise is considering. Key
`questions are:
`
`> How effective and efficient are the existing
`business processes?
`5 What are the effectiveness and efiiciency
`goals for our processes?
`> How can RFID help reach those goals?
`
`This process grounds the RFID program
`in the reality of your specific enterprise.
`Creating a realistic business model that
`represents both the status quo and the
`economic impacts of RFID is essential.
`Over the last several years, consulting
`firms, academics and individual companies
`have addressed the issue of defining the
`return on investment (ROI) for RFID.
`There is a growing portfolio of assessments
`and studies concerning how and where the
`ROI for RFID is generated. The following
`sections examine some of the value case
`elements involved.
`
`Cost reduction
`
`The cost reduction value case is a target area
`of many consumer packaged goods (CPG)
`companies, retailers and the United States
`Department of Defense (DOD). These
`enterprises expect to reduce inventory and
`inventory management expenses by billions
`of dollars over the next several years.
`
`
`
`
`
`l\/lC9000: Best-Practice Power Management Techniques
`Deliver Maximum Battery Efficiency
`
`Executive Summary
`Peak battery performance in mobile computing
`devices is obtained through a combination of
`user practices and application setup, as well
`as power management techniques and features
`implernented by the device niantifaciurer. Users
`can control the more obvious factors, such
`as using the backlight only when needed. But
`there are many areas end-users cannot controi.
`For example, users are often unable to control
`power management functionality within hardware
`features or software applications. lvlarzufacturers.
`however, can elect to implement a wide
`variety of power rnanagerrrent features
`within the device to control and conserve
`battery power consumption.
`What can be controlled by the device
`manufacturer, and what are today's best practice
`power management techniques? This white
`paper answers these questions by taking an
`in—depth look at SyrnlJo!’s new ground—breal<ing
`power management architecture, which defines
`Symbol as a key technology leader in the area
`of power management within enterprise mobility.
`
`Designed from the Ground Up for
`Outstanding Power Management
`Functionality
`Symbo|'s new power management architecture
`is designed from the ground up to provide an
`unsurpassed level of power management to
`support today's demanding enterprise applications.
`At the core of the new architecture is Microsoft's
`Vifindows CE operating system and Intel's XScale®
`processor. Minor enhancements to the leading
`handheld operating system, the power management
`capabilities of the low-power XScale processor,
`and power-saving hardware components combine
`to form a solid foundation for the new power
`management architecture, which is designed to:
`
`D Deliver low power consumption regardless of
`device state (run, idle or suspend)
`
`> independently control power to all internal
`periphera|s——inc|uding the duration that the
`peripheral is powered on as well as the
`power that is consumed
`
`D Protect against data loss in all possible states,
`including low power, suspend/resume, warm
`boot and critical power failures
`
`
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`
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`gymbol
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`4 The Enterprise Mobility Company"
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`2003 ANNUAL REPORT
`
`
`
`EXHIBIT B
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`
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`Symbol Technologies Corporate Home Page
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`Page 1 of 1
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