Examiners Amendment

OFFICE SEARCH: 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 704.02.

AMENDMENT: In accordance with the authorization granted by William Finkelstein on December 17, 2007, the application has been AMENDED as indicated below. Please advise the undersigned immediately if there is an objection to the amendment. Otherwise, no response is necessary. TMEP §707.

If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).

Identification of Goods/Services

The following services in International Class 41 are hereby revised:

“On-line entertainment and educational services via a global computer network, namely, providing commentaries, reviews, articles, and on-line journals, namely, blogs, in the fields of music, musical performances, musical videos, live musical performances, music videos, movies, television, radio, musical concerts, sporting events, games, video games, books, sports, computers, software, electronic equipment, and community culture events,” in International Class 41.

These International Class 41 services are revised as follows:

“On-line entertainment and educational services via a global computer network, namely, providing commentaries, reviews and articles in the following fields of entertainment, namely, music, musical performances, musical videos, live musical performances, music videos, movies, television programs, radio programs, musical concerts, sporting events, games, video games, books, sports, and community culture events; on-line entertainment and educational services via a global computer network, namely, providing on-line journals, namely, blogs in the following fields of entertainment, namely, music, musical performances, musical videos, live musical performances, music videos, movies, television programs, radio programs, musical concerts, sporting events, games, video games, books, sports, computers, software, electronic equipment, and community culture events,” in International Class 41.

“On-line entertainment and educational services via a global computer network, namely, providing commentaries, reviews and articles in the fields of computers, software and electronic equipment for entertainment purposes,” in International Class 42.

The revised identification of goods and services in its entirety is listed below:

“Sound recordings featuring music and entertainment in the nature of comedy and drama, video recordings featuring music and entertainment in the nature of comedy, drama, and the performing arts; pre-recorded CD's featuring music and entertainment in the nature of comedy and drama; pre-recorded DVD's featuring movies and television programs in the genres of comedy, drama, reality, horror, suspense, action, adventure, education, culture, science fiction, fantasy, sports, current events, news, documentaries, and the performing arts, events in the nature of festivals, fairs, shows, competitions, tournaments, games, live performances, and exhibitions in the fields of music, sports, the performing arts, culture and public affairs, live music concerts, live and studio recorded musical performances by musical bands, musical groups and individual musicians, and entertainment in the nature of comedy, drama, and the performing arts; video game discs and video game software; downloadable digital sound and video recordings featuring music and entertainment in the nature of comedy, drama, and the performing arts; downloadable video, movies, and television programs featuring musical concerts, events in the nature of festivals, fairs, shows, competitions, tournaments, games, live performances, and exhibitions in the fields of music, sports, the performing arts, culture, and public affairs, news, broadcast of sports games, and video games,” in International Class 9.

“On-line retail store services featuring prerecorded audio materials, audiovisual materials, music, video, photographs, games, multimedia materials, CD's, DVD's, video games, electronic equipment, books, magazines, concert and event programs and souvenirs, comic books, collectables, clothing, bags, tickets for sporting events, musical concerts, and other entertainment events, and training and educational materials for multi-level marketing businesses; mail order catalog and electronic catalog retail services featuring prerecorded audio, audiovisual, music, video, photographs, games, multimedia materials, CD's, DVD's, video games, electronic equipment, books, magazines, concert and event programs and souvenirs, comic books, collectables, clothing, bags, tickets for sporting events, musical concerts, and other entertainment events, and informational, educational and training materials for multi-level marketing businesses; multi-level marketing business services; and consumer loyalty program services for commercial, promotional and advertising purposes,” in International Class 35.

“Telecommunication services, namely, electronic mail and instant messaging services; providing on-line chat rooms, community forums and electronic bulletin boards for transmission of messages among computer users concerning entertainment, digital entertainment, digital audio and audiovisual releases and performances, music, video, movies, television, radio, concerts, events, games, video games, media, books, sports, computers, software, electronic equipment, and cultural events,” in International Class 38.

“On-line entertainment services via a global computer network, namely, providing non-downloadable videos and sound recordings featuring music, music videos, movies, television programs, concerts, events in the nature of festivals, fairs, shows, competitions, tournaments, games, namely, sporting events, live musical performances, and exhibitions in the fields of music, sports, the performing arts, culture and public affairs, news, broadcasts of sports games , and video games; On-line entertainment and educational services via a global computer network, namely, providing commentaries, reviews and articles in the following fields of entertainment, namely, music, musical performances, musical videos, live musical performances, music videos, movies, television programs, radio programs, musical concerts, sporting events, games, video games, books, sports, and community culture events; On-line entertainment and educational services via a global computer network, namely, providing on-line journals, namely, blogs in the following fields of entertainment, namely, music, musical performances, musical videos, live musical performances, music videos, movies, television programs, radio programs, musical concerts, sporting events, games, video games, books, sports, computers, software, electronic equipment, and community culture events,” in International Class 41.

“Computer services in the nature of customized web pages featuring user-defined information, personal profiles, photos, blogs, and information; On-line entertainment and educational services via a global computer network, namely, providing commentaries, reviews and articles in the fields of computers, software and electronic equipment for entertainment purposes,” in International Class 42.

/Michael A. Wiener/

Trademark Examining Attorney

Law Office 108

Phone: (571) 272-8836

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.