UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/516095
APPLICANT: 4Media, Inc.
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CORRESPONDENT ADDRESS: DANIEL M. CISLO CISLO & THOMAS, LLP 233 WILSHIRE BOULEVARD, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1211
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: JELLYFISH
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/516095
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. Section 1052(d). TMEP section 1105.01.
The recitation of services is unacceptable as indefinite because the applicant must clarify the wording used to clearly and specifically identify the services. It is unclear what is meant by the wording “and including attachments..” If the applicant has downloadable software, then the goods should be classified in Int. Cl. 9. If the software is non-downloadable, then class 42. Please specify the function, purpose and or use of the software. Wording such as “including” is vague and should be deleted. The applicant may amend the recitation to the following, if accurate: TMEP section 1301.05.
Transmitting audio clips of sound and music to computers, telephones, cell phones, personal digital assistants, and other electronic devices, in International Class 38.
Electronic devices, namely, telephones and cellular phones; Computer software and hardware for [specify purpose or function ]where appropriate, to implement the use of the audio and sound recordings in various electronic equipment, in International Class 9.
Please note that, while an application may be amended to clarify or limit the recitation, additions to the recitation are not permitted. 37 C.F.R. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present recitation.
If the applicant adopts the examining attorney’s suggestions, the applicant must amend the classes to international classes 9 and 38.
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 goods/services by international class with the classes listed in ascending numerical order. TMEP section 1113.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1113.01. 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.
/acm/
Aretha Masterson
Examining Attorney
Law Office 112
703-308-9112, ext. 234
703-308-7184 (fax)
ecom112@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.