Offc Action Outgoing

1

Broadband iTV, Inc.

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/597190

APPLICANT: Broadband iTV, Inc.

*76597190*

CORRESPONDENT ADDRESS:

LEIGHTON K. CHONG

OSTRAGER, CHONG & FLAHERTY (HAWAII)

841 BISHOP STREET, SUITE 1200

HONOLULU, HI 96813-3908

RETURN ADDRESS:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

MARK: 1

CORRESPONDENT’S REFERENCE/DOCKET NO: BBTV-T1

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.

OFFICE ACTION

RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

Serial Number 76/597190

Supplemental office action after review for publication of the mark.

Upon review, the following phrase in the identification of services in International class 42 is found to be indefinite: “developing and deploying interactive television channels for consumer classified advertising on cable television systems and preparation and delivery of MPEG2 video programs to video-on-demand servers.” The following definite recital of services in two possible International classes is suggested to applicant: electronic transmission of interactive television channels for consumer classified advertising on cable television systems and electronic transmission of MPEG2 video programs for video-on-demand servers in International class 38 and/or custom design and engineering of interactive television channels for consumer classified advertising on cable television systems and custom design and engineering of MPEG2 video programs for video-on-demand servers in International class 42.

Combined Applications

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and

(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

/Richard A. Straser/

Trademark Examining Attorney

Law Office 114

(571) 272-9231

HOW TO RESPOND TO THIS OFFICE ACTION:

ONLINE RESPONSE: You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.