Offc Action Outgoing

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

Identification of Goods & Recitation of Services

Some of the wording in the identification of goods and services needs clarification because it is indefinite and/or too broad and could include goods and services classified in other international classes. TMEP §§1402.01 and 1402.03. Applicant must amend the identifications and recitations to specify the common commercial name of the goods ands/or services. If there is no common commercial name, applicant must describe the product and/or service and its intended use(s). Additionally, several of the identifications use the open-ended wording “including.” TMEP §§1402.01 and 1402.03(a). The identification must be specific and all-inclusive. Therefore, this wording should be deleted and replaced with “namely.” The applicant should also be cognizant of several punctuation errors that should be clarified. Applicant may adopt the following, if accurate:

Cell phones and other wireless devices, namely (specify the common commercial

name of the goods); consumer electronic devices namely cell phones and other wired

and wireless instruments, namely (specify the common commercial name of the goods)

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, audio visual recordings and other entertainment and creative content [;]

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, in International Class 9

and

Printed materials, namely (specify the common commercial name of the goods), in

International Class 16

and

Clothing, namely (specify the common commercial name of the goods), headwear, and

footwear, in International Class 25

and

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; Business consulting services in the music and entertainment industry

and licensing business (move to class 45); 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, in International Class 35

and

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 (specify the common

commercial name of the services); credit and debit card services for use by consumers

of music; 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;

credit card services, debit services, namely (specify the common commercial name of

the services), in International Class 36

and

Telecommunication services, namely mobile, wired and wireless (please specify e.g.,

telephone, 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; providing entertainment information in the field of music and video

via an Internet database (change and move to class 41); web casts, radio broadcasting

services, television broadcasting services, in International Class 38

and

Providing a website with information on music, musical sound recordings, musical

artists, composers and other music, entertainment and creative content, content (delete

redundant) by means of a global computer network to users of mobile phones, the

Internet, and other telecommunications technologies; organizing a 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 (move to class 35); 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; music publishing

services; production of radio program[s]; Entertainment services, namely, providing

television programs and web casts in the fields of music, entertainment and other creative

content, namely (specify the other creative content)[;] sponsoring (indicate “financial

sponsoring of” and move to class 36, or clarify the mature of the sponsoring, classification

depends on the specific nature of the service) tours of art galleries; online blogs in the

fields of music, musical recordings and other entertainment and creative content, namely

(specify the common commercial name of the other entertainment and creative content);

organizing meeting places for musical artists, composers and other artists with consumers

to exchange information on music, musical compositions and other entertainment and

creative content; providing a private members club, gallery, television, and music recording

studio for musical artists and composers and other creative persons; artist management

services (move to class 35), development of new talent by (specify, classification depends

on the nature of the services); education services, namely operating mentoring programs for

musical artists, composers and other artists; operating a membership organization for the

benefit of musical artists, composers and other rights owners of entertainment and creative

content to collect royalties (move to class 35); educational services, namely operating a

membership organization to provide a forum for discussing artistic movements and

technological developments, providing entertainment information in the field of music and

video via an Internet database, in International Class 41

and

Providing search engines for obtaining data on musical performances and compositions

for end users (specify the meaning of end users) and 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 (delete “for use”) in the field of musical recordings,

performances by musical groups, musical compositions and other entertainment and creative

content, namely (specify the common commercial name of the other entertainment and

creative content); computer services, namely creating an online community for

registered users to form virtual communities to engage in social networking, in

International Class 42

and

Restaurant, bar, catering and other food and lodging services, namely (specify the

common commercial name of the food and lodging services), in International Class 43

and

Licensing of intellectual property rights in sound recordings, musical performances

and compositions; legal services, namely licensing business, in International Class 45

Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

For assistance with identifying and classifying 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.

The applicant should use the listings located in this database exactly as worded if possible. Please note that use by the applicant of parenthesis within an identification of the goods is unacceptable as indefinite. With regard to those listings in the Office’s database that include terms within parenthesis and/or brackets, the applicant must set forth the term(s) that specifically cover the applicant’s goods or services. As always, any identification of goods or recitation of services the applicant chooses to adopt should 1) accurately describe the applicant’s goods or services; 2) be placed in the correct class of goods or services; and 3) list only those goods or services within the scope of those included in the original application.

Combined Applications

The application identifies goods and/or services that may be classified in more than 10 classes; however, the fees submitted are sufficient for only 10 classes. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2); TMEP §§810-810.01 and 1403.01.

Therefore, applicant must either:

(1) restrict the application to the number of classes covered by the fees already paid, or

(2) submit the fees for the additional classes.

If applicant prosecutes this application as a combined, or multiple-class application, applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b).

(1) Applicant must list the goods and/or services by international class with the classes

listed in ascending numerical order; and

(2) Applicant must submit a filing fee for each international class of goods and/or services

not covered by the fee already paid (current fee information should be confirmed at

http://www.uspto.gov).

37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

Significance of Mark

Applicant must specify whether “FAB” or “F A B” has any significance in the identified trade or industry, or as applied to the goods and/or services identified. 37 C.F.R. §2.61(b).

Respond to this Office Action:

If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

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.

Changes of Correspondence Procedure

In order to change the correspondence address for an application, an applicant or the attorney of record must submit a written request. TMEP §603.02(a). Applicants may file requests to change the correspondence address electronically at http://www.gov.uspto.report/teas/index.html. The transmittal of a response to an Office action bearing a new address for an applicant or an applicant’s attorney is not sufficient to effect a change in the correspondence address.

For inquiries or questions about this office action, please contact the assigned examining attorney.

/Jeffrey S. DeFord/

Jeffrey S. DeFord

Examining Attorney

United States Patent & Trademark Office

Law Office 115

(571) 272-9469