Response to Office Action

STREAMSTAR

Sun Microsystems, Inc.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78569037
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION (no change)
ARGUMENT(S)

 

This is in response to the Office Action dated April 2, 2006 and is timely filed.  In that action the Examining Attorney required Applicant to amend the terms “computer discs”, “computer programs for use with computer servers” and “computer programs downloadable from global computer networks” as they are unacceptable as indefinite. 

 

As suggested by the Examining Attorney, Applicant has amended the term “computer discs” to “blank computer discs” and “computer programs for use with computer servers” to “computer programs for transmitting data and images for use with computer servers” as set forth below.

 

Applicant would also like to remind the Examining Attorney that it had previously amended the term “computer programs downloadable from global computer networks” to “computer programs for the storage of data and information downloadable from global computer networks” in its previous response dated March 15, 2006.  Applicant again requests that this amendment be made.

 

Applicant believes the amended identification accurately reflects Applicant’s anticipated goods while still addressing the Examining Attorney’s concerns.  Applicant has amended to provide clarification, but has not included any goods not within the scope of the original identification.  It is believed that the amended identification meets all Office requirements.

 

In view of the foregoing, Applicant believes that the application is now in condition for publication and such action is solicited.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Computer hardware; computer peripherals; computers; computer operating systems; hand-held computers; mainframe-class computers; computer workstations; video monitors, video screens, and flat panel display screens; keyboards; computer monitors; computer hardware, namely communications servers, file servers, web servers, and network access server hardware; disc drives; computer data storage devices, namely tape libraries, disk arrays, and storage arrays; integrated circuits; computer interface boards; modems; computer mouse pointing devices; mouse pads; 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, encoded smart cards containing programming used to access computer networks, and programmable 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 computer hardware and software for use in operating voice mail and voice messaging; 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 use with computer servers; computer telephony software for enabling telephone activities to be performed by a computer; computer programs used in accessing databases; computer game programs; computer programs for the storage of data and information downloadable from global computer networks; and instructional manuals sold therewith; downloadable electronic publications in the nature of manuals, magazines and books in the fields of computing, computer networking, information technology and digital video and audio technology.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
DESCRIPTION
Computer hardware; computer peripherals; computers; computer operating systems; hand-held computers; mainframe-class computers; computer workstations; video monitors, video screens, and flat panel display screens; keyboards; computer monitors; computer hardware, namely communications servers, file servers, web servers, and network access server hardware; disc drives; computer data storage devices, namely tape libraries, disk arrays, and storage arrays; integrated circuits; computer interface boards; modems; computer mouse pointing devices; mouse pads; 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; blank 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, encoded smart cards containing programming used to access computer networks, and programmable 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 computer hardware and software for use in operating voice mail and voice messaging; 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 transmitting data and images for use with computer servers; computer telephony software for enabling telephone activities to be performed by a computer; computer programs used in accessing databases; computer game programs; computer programs for the storage of data and information downloadable from global computer networks; and instructional manuals sold therewith; downloadable electronic publications in the nature of manuals, magazines and books in the fields of computing, computer networking, information technology and digital video and audio technology.
FILING BASIS Section 1(b)
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /cle1087/
SIGNATORY'S NAME Connie L. Ellerbach, Esq.
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 09/22/2006
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Sep 22 17:54:17 EDT 2006
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20060922175417999794-7856
9037-340bc5038ba3f36d9973
cfe588c1483542e-N/A-N/A-2
0060922171732388973



PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


To the Commissioner for Trademarks:


Application serial no. 78569037 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

 

This is in response to the Office Action dated April 2, 2006 and is timely filed.  In that action the Examining Attorney required Applicant to amend the terms “computer discs”, “computer programs for use with computer servers” and “computer programs downloadable from global computer networks” as they are unacceptable as indefinite. 

 

As suggested by the Examining Attorney, Applicant has amended the term “computer discs” to “blank computer discs” and “computer programs for use with computer servers” to “computer programs for transmitting data and images for use with computer servers” as set forth below.

 

Applicant would also like to remind the Examining Attorney that it had previously amended the term “computer programs downloadable from global computer networks” to “computer programs for the storage of data and information downloadable from global computer networks” in its previous response dated March 15, 2006.  Applicant again requests that this amendment be made.

 

Applicant believes the amended identification accurately reflects Applicant’s anticipated goods while still addressing the Examining Attorney’s concerns.  Applicant has amended to provide clarification, but has not included any goods not within the scope of the original identification.  It is believed that the amended identification meets all Office requirements.

 

In view of the foregoing, Applicant believes that the application is now in condition for publication and such action is solicited.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 009 for Computer hardware; computer peripherals; computers; computer operating systems; hand-held computers; mainframe-class computers; computer workstations; video monitors, video screens, and flat panel display screens; keyboards; computer monitors; computer hardware, namely communications servers, file servers, web servers, and network access server hardware; disc drives; computer data storage devices, namely tape libraries, disk arrays, and storage arrays; integrated circuits; computer interface boards; modems; computer mouse pointing devices; mouse pads; 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, encoded smart cards containing programming used to access computer networks, and programmable 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 computer hardware and software for use in operating voice mail and voice messaging; 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 use with computer servers; computer telephony software for enabling telephone activities to be performed by a computer; computer programs used in accessing databases; computer game programs; computer programs for the storage of data and information downloadable from global computer networks; and instructional manuals sold therewith; downloadable electronic publications in the nature of manuals, magazines and books in the fields of computing, computer networking, information technology and digital video and audio technology.
Original Filing Basis: 1(b).
Proposed: Class 009 for Computer hardware; computer peripherals; computers; computer operating systems; hand-held computers; mainframe-class computers; computer workstations; video monitors, video screens, and flat panel display screens; keyboards; computer monitors; computer hardware, namely communications servers, file servers, web servers, and network access server hardware; disc drives; computer data storage devices, namely tape libraries, disk arrays, and storage arrays; integrated circuits; computer interface boards; modems; computer mouse pointing devices; mouse pads; 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; blank 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, encoded smart cards containing programming used to access computer networks, and programmable 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 computer hardware and software for use in operating voice mail and voice messaging; 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 transmitting data and images for use with computer servers; computer telephony software for enabling telephone activities to be performed by a computer; computer programs used in accessing databases; computer game programs; computer programs for the storage of data and information downloadable from global computer networks; and instructional manuals sold therewith; downloadable electronic publications in the nature of manuals, magazines and books in the fields of computing, computer networking, information technology and digital video and audio technology.
Filing Basis: 1(b).

Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /cle1087/     Date: 09/22/2006
Signatory's Name: Connie L. Ellerbach, Esq.
Signatory's Position: Attorney for Applicant
        
Serial Number: 78569037
Internet Transmission Date: Fri Sep 22 17:54:17 EDT 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-200609221754179
99794-78569037-340bc5038ba3f36d9973cfe58
8c1483542e-N/A-N/A-20060922171732388973



uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed