Notice of Allowance

FAB

First Artist Enterprises, LLC

Notice of Allowance


  

U.S. Patent and Trademark Office (USPTO)

NOTICE OF ALLOWANCE

NOTE:  If any data on this notice is incorrect, please fax a request for correction to the Intent to Use Unit at 571-273-9550.  Please include the serial number of your application on ALL correspondence with the USPTO.

ISSUE DATE:  Oct 6, 2009

LAWRENCE E. APOLZON
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
866 UNITED NATIONS PLZ
NEW YORK, NY 10017-1822
 ATTORNEY
REFERENCE NUMBER

FIRA 0702688

** IMPORTANT INFORMATION:  6 MONTH DEADLINE **

You filed the trademark application identified below based upon a bona fide intention to use the mark in commerce.  You must use the mark in commerce and file a Statement of Use (a.k.a. Allegation of Use) before the USPTO will register the mark.  You have six (6) MONTHS from the ISSUE DATE of this Notice of Allowance (NOA) to file either a Statement of Use, or if you are not yet using the mark in commerce, a Request for Extension of Time to File a Statement of Use ("Extension Request").   If you file an extension request, you must continue to file a new request every six months until the Statement of Use is filed.  Applicant may file a total of five (5) extension requests.  FAILURE TO FILE A REQUIRED DOCUMENT DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF YOUR APPLICATION.

Please note that both the "Statement of Use " and "Extension Request" have many legal requirements including fees.  Therefore, we encourage use of the USPTO forms, available online at http://www.gov.uspto.report/teas/index.html (under "File a PRE-registration form"), to avoid the possible omission of important information.  Please note that the Trademark Electronic Application System (TEAS) provides line-by-line help instructions for completing the Extension Request or Statement of Use forms online.  If you do not have access to the Internet, you may call 1-800-786-9199 to request the printed form(s).

** Registration Subject to Cancellation for Fraudulent Statements **

Ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of your trademark registration.  The lack of a bona fide intention to use the mark with all goods and/or services included in an application or the lack of use on all goods and/or services for which you claimed use could jeopardize the validity of your registration, possibly resulting in its cancellation.

The following information should be reviewed for accuracy:

SERIAL NUMBER: 77/275339
MARK: FAB (AND DESIGN)
OWNER: First Artist Enterprises, LLC
16830 Ventura Blvd, Suite 501
c/o Gary Haber
Encino , CALIFORNIA   91436

This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): NO

GOODS/SERVICES BY INTERNATIONAL CLASS

009 - Cell phones and other wireless devices, namely, PDAs and smart phones; consumer electronic devices, namely, cell phones and other wired and wireless instruments, namely, PDAs and smart phones with features to link the user directly to music downloads and other entertainment and creative content with payment options, customized musical offerings, discount opportunities, links to social filtering and social networking sites and searching capabilities; downloadable sound recordings featuring music and musical based entertainment; downloadable audiovisual recordings featuring music, musical-based entertainment and other entertainment and creative content, namely, dance, performance art, visual art, drama and comedy; downloadable graphics for use with mobile phones and wireless devices; downloadable ring tones for use on cell phones and wireless devices; software used to track royalty payments; accounting and transaction technology software providing instantaneous and continuous reporting to artists of sales of recorded music and other content/royalty income/demand history in a readable format for use by musical artists, composers, and other authors of entertainment and creative content to track royalty income via wireless devices and the Internet -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
035 - Commercial administration of the licensing of the owners of intellectual property of music, musical sound recordings, composition and other entertainment and creative content of others; negotiating services, namely, soliciting and marketing various commercial transactions on behalf of third parties, namely, musical artists, composers and other authors; promoting the sound recordings, performances of musical artists, compositions, and other creative content of others for use by the general public; business services, namely, compiling, tracking, and managing information about ownership rights, license rights and revenue allocation rights in music compositions, musical performances, musical sound recordings, audiovisual recordings, and other entertainment and creative content as used by the general public for the benefit of musical artists, composers and other property rights owners; royalty accounting and business management services; retail store services in the field of entertainment and creative content, namely, musical and audiovisual works, motion picture TV shows, and related merchandise provided via the Internet and other computer and electronic networks; promoting the sound recordings, compositions of musical artists and composers, and other entertainment and creative content through the administration of an incentive awards program; discount incentive programs for use in connection with downloading music and other entertainment; subscription services for the benefit of general consumers in connection with online and mobile music and entertainment consumption; organizing a business consortium of musical artists, composers and other creators of entertainment and creative content for purposes of managing, collecting and monitoring royalty payments directly from end users to such artists; artist management services; operating a membership business organization for the benefit of musical artists, composers and other rights owners of entertainment and creative content to collect royalties; business consulting services in the music and entertainment industry and licensing business -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
036 - Collecting license and royalty fees and making and distributing payments on behalf of independent writers and publishers; collecting license and royalty fees and making and distributing payments to the copyright owners and owners of intellectual property of music, musical sound recordings, composition and other entertainment and creative content; collecting direct royalties from general consumers and users of cell phones and other mobile technology for downloading and streaming of musical recordings and other entertainment and creative content; financial services, namely, banking services, banking consultation; credit and debit card services for use by consumers; financial management and consulting services rendered to musical artists, composers and other owners of intellectual property rights of entertainment and creative content; royalty and license fee tracking, allocation, distribution and payment services rendered on behalf of intellectual property rights licensors, licensees and owners; electronic payment services, namely, electronic processing and transmission of bill payment data and payment of royalties; financial advisory and wealth management services; aggregating financial resources of members of a consortium of musical artists, musical composers and other artists for purposes of funding new creative projects; investment services; investment advisory services; investment banking services; financing of musical and other entertainment oriented projects, recordings and concert tours; debit card services -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
038 - Telecommunication services, namely, mobile, wired and wireless telephone, SMS, text messaging, PBX services, streaming of music, audiovisual recordings and other entertainment content; electronic transmission of streamed and downloadable audio and video files featuring music, musical compositions and entertainment and creative content; web casts, radio broadcasting services, television broadcasting services -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
041 - Providing a website with information on music, musical sound recordings, musical artists, composers and other music, entertainment and creative content, by means of a global computer network to users of mobile phones, the Internet, and other telecommunications technologies; music publishing services; production of radio programs; entertainment services, namely, providing television programs and web casts in the fields of music entertainment; online blogs in the fields of music, musical recordings and other entertainment; education services, namely, operating mentoring programs for musical artists, composers and other artists in the fields of finance and artist's rights -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
042 - Providing search engines for obtaining data on musical performances and compositions for tracking such use for the benefit of musical artists, musical composers and other property rights owners of entertainment and creative content; providing temporary use of online non-downloadable software to enable users to program audio and audiovisual recordings featuring music, entertainment and creative content; providing a database to consumers for searching, browsing and retrieving information sites and other resources available on global computer networks and other communication networks in the field of musical recordings, performances by musical groups, musical compositions and other entertainment and creative content, namely, commercial art and fine art; computer services, namely, creating an online community for registered users to form virtual communities to engage in social networking; entertainment services, namely, providing online facilities via a global computer network to enable users to program audio sound recordings, compositions, other entertainment and creative oriented content for use with cell phones, the Internet and other telecommunications technologies -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
045 - Licensing of intellectual property rights in sound recordings, musical performances and compositions; legal services, namely, licensing business consulting services -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED

ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS

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