UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/440885
APPLICANT: Digital Innovations, LLC
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CORRESPONDENT ADDRESS: ANDREW J.GRAY IV PENNIE & EDMONDS LLP 3300 HILLVIEW AVE. PALO ALTO, CA 94304
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom109@uspto.gov
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MARK: NEUROS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 9873-0054-99
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant’s name. 2. Date of this Office Action. 3. Examining Attorney’s name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/440885 NEUROS
The assigned examining attorney has reviewed the referenced application and determined the following.
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
However, the applicant must respond to the following issues.
The recitation of services is too broad because it could include services classified in multiple international classes. The applicant must amend the identification to list each service by its common commercial name, and classify the services accordingly. TMEP §1402.11.
The applicant may adopt one or more of the following identifications, if accurate.
On-line retail stores featuring downloadable musical recordings; management of musical and multimedia databases for others, in International Class 35.
Providing multiple-user dial-up access to the Internet; providing on-line chat rooms for transmission of messages among computer users concerning music and entertainment, in International Class 38.
Electronic storage of audio and multimedia computer files for others, in International Class 39.
Providing an on-line database of audio and multimedia computer files, in International Class 41.
Hosting music and entertainment-oriented websites for others, in International Class 42.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.
Special information regarding multiple-class applications
The application identifies services that may be classified in several international classes. Therefore, the applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01.
Effective January 1, 2003, the fee for filing a trademark application is $335 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. §2.6(a)(1).
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael W. Baird/
Examining Attorney
Law Office 109
Telephone: (703) 308-9109 ext. 197
Email: ECOM109@USPTO.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.