Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

---

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77275339 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The information regarding the significance of the mark has been provided.  In addition the identifications of goods and services have been amended to overcome the objections raised by the examining attorney.

 

With the above, Applicant submits that all questions are now answered and requests that this application be approved and published for opposition purposes.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 016 for printed materials

Applicant hereby deletes the following class of goods/services from the application.
Class 025 for clothing, headwear, and footwear

Applicant hereby deletes the following class of goods/services from the application.
Class 043 for restaurant, bar, catering and other foods and lodging services

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for cell phones and other wireless devices; consumer electronic devices including cell phones and other wired and wireless instruments 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; an accounting and transaction technology platform 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
Original Filing Basis:
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Class 009 for 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; 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
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for royalty collection and administration services for owners of intellectual property in musical sound recordings, musical compositions and other artistic creations; collecting, from general consumers and users of cell phones and other mobile technology, of direct royalties for downloading and streaming of musical recordings and other entertainment and creative content; business consulting services in the music and entertainment industry and licensing business; negotiating services, namely soliciting and marketing on behalf of musical artists, composers and other authors; promoting the sound recordings, performances of musical artists, compositions, and other creative content for use by the general public; 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 rights owners; royalty accounting and business management services; retail store services in the field of entertainment and creative content including musical and audio visual works, and 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
Original Filing Basis:
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Class 035 for 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
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for administration of license payments, including, collection and distribution of royalties for musical sound recordings, composition and other entertainment and creative content; financial 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; 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 cards; credit card services, debit services
Original Filing Basis:
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Class 036 for 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
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for telecommunication services; mobile, wired and wireless services, streaming of music of 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; dissemination of music and video information via an Internet database; webcasts, radio broadcasting services, television broadcasting services
Original Filing Basis:
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Class 038 for 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
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for providing a website with information on music, musical sound recordings, musical artists, composers and other music, entertainment and creative content, content 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; 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; television programs and webcasts in the fields of music, entertainment and other creative content, sponsoring tours of art galleries; online blogs in the fields of music, musical recordings and other entertainment and creative content; organizing places for meetings of 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, development of new talent and 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 and provide a forum for discussing artistic movements and technological developments
Original Filing Basis:
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Class 041 for 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; 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 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
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for providing search engines for obtaining data on musical performances and compositions for end users and for tracking such use for the benefit of musical artists, musical composers and other rights owners of entertainment and creative content; providing temporary use of online non-downloadable software to enable users to program audio and audio visual 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 for use in the field of musical recordings, performances by musical groups, musical compositions and other entertainment and creative content; creating an online community for registered users to form virtual communities, engage in social networking
Original Filing Basis:
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Class 042 for 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
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 045 for licensing of intellectual property rights in sound recordings, musical performances and compositions
Original Filing Basis:
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Class 045 for 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
Filing Basis: Section 1(b), 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 as of the filing date of the application. (15 U.S.C. Section 1051(b)).

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
"FAB appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, no geographical significance, nor any meaning in a foreign language."

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /lea/     Date: 06/19/2008
Signatory's Name: Lawrence E. Apolzon
Signatory's Position: Attorney of Record

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 77275339
Internet Transmission Date: Thu Jun 19 15:18:55 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20080619151855655
387-77275339-4206f47e8bb84e5c621d6a0ca20
ccb01720-N/A-N/A-20080619134452480565