UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/592954
APPLICANT: Sirius Satellite Radio Inc.
|
|
|
CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
|
|
MARK: BENEATH THE NEEDLE
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 099908/00002
CORRESPONDENT EMAIL ADDRESS: |
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.
|
Serial Number 76/592954
The assigned examining attorney has reviewed the referenced application and determined the following.
The wording “Broadcasting services” in the identification of services needs clarification because the medium of broadcast has been omitted. Applicant must amend this wording to specify the common commercial or generic name for the services. If there is no common commercial or generic name for the services, then applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s). TMEP §1402.01.
Applicant must set forth whether the “broadcasting services” are provided via radio, television, shortwave radio, Internet, wireless, satellite media.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
The Office electronic Manual of Goods and Services is located on the Internet at the following address: www.gov.uspto.report/web/offices/tac/doc/gsmanual/
Applicant must submit samples of advertisements or promotional materials for the identified services because the nature of the services in connection with which applicant uses its mark is not clear from the present record. In addition, applicant must describe in some detail the nature, purpose and channels of trade of the services listed in the application. 37 C.F.R. §2.61(b); TMEP §§814 and 1402.01(d).
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The most expeditious way to resolve goods and services descriptions and disclaimer issues is by e-mail that allows for back-and-forth discussion between applicant and examining attorney. The examining attorney’s personal numbers are:
Fax: 571) 273-9444
E-Mail: jill.alt@uspto.gov
In order to submit formal responses by E-Mail, applicant must give written consent to be an electronic correspondent and set forth its E-Mail address. The signature, to be valid, must be typed between two forward slashes, as below.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Jill C. Alt/
Trademark Attorney
Law Office 114
Tel. (571) 272-9444
Fax: (571)273-9444
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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.