Response to Office Action

PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76581306 has been amended as follows:
Mark
Applicant proposes to amend the mark as follows:
Original: SKYBOX (standard characters)
Proposed (USPTO generated image): XMSKYBOX (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font, style, size, or color.


Additional Statements
The Examining Attorney has refused to accept Applicant XM Satellite Radio, Inc.’s Statement of Use in connection with the SKYBOX trademark application. The Examining Attorney claims that Applicant’s drawing disagrees with the mark as it appears on the specimen of use. In response to this refusal, Applicant respectfully requests that the Examining Attorney allow Applicant to amend the drawing in its application to add the already registered letters “XM,” making the mark XMSKYBOX as it appears on the specimen of use. Applicant makes this request pursuant to the provisions set forth in T.M.E.P. § 807.14(b). Applicant does not believe the amendment materially alters the mark. Indeed, Applicant already owns registrations for the marks XM and XM & Design for use in connection with satellite broadcasting services (Reg. Nos. 2,547,677 and 2,556,817). The services covered by those two registrations are directly related to the satellite radio receivers in this application. Based on the amended drawing, Applicant respectfully requests that the Examining Attorney accept the Statement of Use and approve this application for publication forthwith. If the Examining Attorney has any questions regarding this request, he is urged to contact Patrick J. Jennings at 202-663-8000.

Response Signature

Signature: /Pat Jennings/     Date: 06/19/2006
Signatory's Name: Patrick J. Jennings
Signatory's Position: Attorney
        
Serial Number: 76581306
Internet Transmission Date: Mon Jun 19 16:09:23 EDT 2006
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-200606191609239
46504-76581306-332946ed0861d12ad727b7c38
897617b88d-N/A-N/A-20060619160234229635