Offc Action Outgoing

This application has been withdrawn from publication by the Office of the Assistant Commissioner for Trademarks to correct several errors regarding the identification and classification of services. The examining attorney regrets the errors and associated delay in the processing of the application.

Telephone Response

Applicant is encouraged to telephone the assigned trademark examining attorney to resolve the issues raised in this Office action.

Identification / Classification of Goods and Services

Some of the wording in the identification of goods and/or services is indefinite and must be clarified. See TMEP §1402.01. Applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, applicant must describe the product and its intended uses. See id. Applicant may adopt the following identification of goods and services, if accurate:

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,

audio visual recordings and other entertainment and creative content, namely (specify

the common commercial name of the goods); 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

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, in International Class 35

and

Licensing of intellectual property rights in sound recordings, musical performances

and compositions; legal services, namely, licensing business, business consulting

services in the music and entertainment industry and licensing business (move to

class 35), in International Class 45

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.

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