`ESTTA408817
`ESTTA Tracking number:
`05/12/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`77967395
`
`ActiveVideo Networks, Inc.
`Notice of Appeal
`
`Application Serial
`No.
`Applicant
`
`Notice is hereby given that ActiveVideo Networks, Inc. appeals to the Trademark Trial and Appeal Board the
`refusal to register the mark depicted in Application Serial No. 77967395.
`Applicant has filed a request for reconsideration of the refusal to register, and requests suspension of the
`appeal pending consideration of the request by the Examining Attorney.
`The refusal to register has been appealed as to the following classes of goods/services:
`- Class 009.
`All goods and services in the class are appealed, namely: (Based on Intent to Use) Software for
`developing and publishing applications for viewing, displaying, selecting, browsing, customizing,
`organizing, searching and navigating audiovisual and multimedia content on a television, gaming console,
`mobile device or other network-connected display; Computer e-commerce software to allow users to
`perform electronic business transactions via a video-on-demand service
`- Class 038. First Use: 2009/04/28 First Use In Commerce: 2009/04/28
`All goods and services in the class are appealed, namely: (Based on Use in Commerce) Broadcasting of
`television programs and providing telecommunication connectivity services for transfer of images,
`messages, audio, visual, audiovisual, and multimedia works for viewing on a television, gaming console,
`mobile device or other network-connected display via a video-on-demand service via network-based
`media processing software
`- Class 041. First Use: 2009/04/28 First Use In Commerce: 2009/04/28
`All goods and services in the class are appealed, namely: (Based on Use in Commerce) Provision of non-
`downloadable television and other audiovisual and multimedia content via a video-on-demand service via
`network-based media processing software
`- Class 042. First Use: 2009/04/28 First Use In Commerce: 2009/04/28
`All goods and services in the class are appealed, namely: (Based on Use in Commerce) Providing
`temporary use of online non-downloadable network-based media processing software for viewing,
`displaying, selecting, browsing, customizing, organizing, searching and navigating audiovisual and
`multimedia content on a television, gaming console, mobile device or other network-connected display;
`providing technical support consulting services regarding troubleshooting of network-based media
`processing software; product development consultation related to the design, development and
`implementation of network-based media processing services and software; providing temporary use of
`online non-downloadable network based media processing software for facilitation of purchases for
`viewing, displaying, selecting, browsing, customizing, organizing, searching and navigating audiovisual
`and multimedia content displayed on a television, gaming console, mobile device, or other network-
`connected display
`Respectfully submitted,
`/Peter J. Karol/
`05/12/2011
`PETER J. KAROL
`SUNSTEIN KANN MURPHY & TIMBERS LLP
`125 SUMMER ST
`BOSTON, MA 02110-1618
`UNITED STATES
`trademarks@sunsteinlaw.com
`617-443-9292

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