Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

---

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85413766

Filing Date: 09/02/2011

To the Commissioner for Trademarks:

MARK: SXM (stylized and/or with design, see mark)

The literal element of the mark consists of SXM.
The applicant is not claiming color as a feature of the mark. The mark consists of three curved lines on each side of the letters "SXM".
The applicant, Sirius XM Radio Inc., a corporation of Delaware, having an address of
      1221 Avenue of the Americas, 36th Floor
      New York, New York 10020
      United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

       International Class 009:  Consumer electronic products, namely, equipment for receiving transmissions of radio and audio and data information delivered via satellite, global computer network, telecommunications network, wireless communication network, or other electronic or digital communications network or device
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).


The applicant claims ownership of U.S. Registration Number(s) 3818003 and 3204232.

The applicant's current Attorney Information:
Erica D. Klein and Heather J. Chase, Carole E. Klinger, Ashley B. Roberts, Peter A. Abruzzese, William J. Spatz, Alexandra Gil and the attorneys of Kramer Levin Naftalis & Frankel LLP
      1177 Avenue of the Americas
      New York, New York 10036
      United States
The attorney docket/reference number is 099908-10058.

The applicant's current Correspondence Information:

Erica D. Klein

Kramer Levin Naftalis & Frankel LLP

1177 Avenue of the Americas

New York, New York 10036

212.715.9205(phone)

212.715.8000(fax)

KLtrademark@kramerlevin.com (authorized)

A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /hjc/   Date Signed: 09/02/2011
Signatory's Name: Heather J. Chase
Signatory's Position: Attorney of record, New York bar member



RAM Sale Number: 8162
RAM Accounting Date: 09/02/2011

Serial Number: 85413766
Internet Transmission Date: Fri Sep 02 09:57:58 EDT 2011
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2011090209575831
6727-85413766-480e73db9dcc5ddb1b321dd520
dd86bf7e-DA-8162-20110902093128484603