To: | Sun Microsystems, Inc. (trademark@fenwick.com) |
Subject: | TRADEMARK APPLICATION NO. 78569037 - STREAMSTAR - H9000-1087 ( |
Sent: | 9/15/2005 2:24:10 PM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/569037
APPLICANT: Sun Microsystems, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: STREAMSTAR
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CORRESPONDENT’S REFERENCE/DOCKET NO: H9000-1087 (
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.
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Serial Number 78/569037
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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 wording in the identification of goods needs clarification because the nature of the goods is unclear. Applicant must amend the identification of goods to specify the common commercial or generic name for the goods. If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses. In addition, the applicant must indicate the items comprising the “systems” and specify the function of the computer programs. TMEP §1402.01.
Applicant may adopt the following identification of goods, if accurate:
Computer hardware; computer peripherals; computers; computer operating systems; hand-held computers; mainframe-class computers; computer workstations; video displays, namely [state the common commercial name of the goods, e.g., video monitors, liquid crystal displays]; keyboards; computer monitors; computer hardware, namely communication servers; disc drives; computer storage devices, namely [state the common commercial name of the goods, e.g., computer memory hardware]; integrated circuits; computer interface boards; modems; computer mouse pointing devices; mouse pads; computer peripherals; printers and printer peripherals; printed circuit boards containing electrical components and sockets; computer processing units and computer memories; blank magnetic data carriers; audio cassette recorders; audio cassette players; compact disc players; compact disc recorders; blank computer recording discs; cash registers; calculators; computer chips; computer disk drives; computer discs; data processors; digital cameras; digital video recorders; electronic encryption units; facsimile machines; global positioning system transmitters and receivers; internet television hardware; microprocessors; microcomputers; minicomputers; motion picture cameras; optical scanners; oscilloscopes; pedometers; photocopying machines; personal digital assistants; photographic cameras; photographic projectors; slide projectors; radio pagers; radios, automatic vending machines; scanners; blank smart cards; smart card readers; telephones; telephone answering machines; television sets; television set top boxes; thermostats; video cameras; video cassette recorders; video monitors; video tape recorders; voice messaging systems comprised of [indicate the major components of the system, e.g., telephones, video monitors]; voting machines; web telephones; wireless data communications hardware; computer programs for testing compatibility of computer programs; computer programs for use in computer networking; computer programs for use in computer emulation; computer programs for use in electronic mail; computer programs for creating graphical interfaces; computer programs for use in database management; computer programs for document processing; computer programs for word processing; computer programs for preparing spreadsheets; computer programs for use in computer security; computer programs for use in the development of computer programs, programming languages, tool kits and compilers, computer programs for use in developing, compiling and executing other computer programs on computers, computer networks, and global communications networks; computer programs for use in navigating, browsing, transferring information, and distributing and viewing other computer programs on computers, computer networks and global communications networks; computer programs for recording, processing, receiving, reproducing, transmitting, modifying, compressing, decompressing, broadcasting, merging, and/or enhancing sound, video, images, graphics, and/or data; computer operating system programs; computer utility programs; computer programs for [indicate the specific function of the program, e.g., for transmitting data and images] for use with computer servers; computer programs for [indicate the specific function of the program] for use in telephones; computer programs used in accessing databases; computer game programs; computer programs for [indicate the specific function of the program] downloadable from global computer networks; and instructional manuals sold therewith; downloadable electronic publications in the field of [specify subject matter or field] in International Class 9. TMEP § 1402.01.
For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
/mls/
Michele-Lynn Swain
Examining Attorney, LO 116
PH(571) 272-9232
FX(571) 273-9116
HOW TO RESPOND TO THIS OFFICE ACTION:
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.