Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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:

Applicant has amended the wording "downloadable sound recordings, audiovisual recordings and other entertainment and creative content" from the identification of goods in Class 9 to the following description, adding further specification: "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."  Applicant has also moved the wording "business consulting services in the music and entertainment industry and licensing business" from the identification of goods in Class 45 to Class 35.

With the above, Applicant submits that all questions are answered and respectfully requests that the application proceed to publication. 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: 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
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:
Tracked Text Description: 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 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 InternetClass 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 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
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 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
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:
Tracked Text Description: 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 businessClass 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; 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)).

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; legal services, namely, licensing business, business consulting services in the music and entertainment industry and licensing business
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:
Tracked Text Description: 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; legal services, namely, licensing business consulting servicesClass 045 for Licensing of intellectual property rights in sound recordings, musical performances and compositions; legal services, namely, licensing business consulting 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)).

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: 05/14/2009
Signatory's Name: Lawrence E. Apolzon
Signatory's Position: Attorney of record, New York State bar member

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 May 14 17:24:28 EDT 2009
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2009051417242821
8034-77275339-4305dfdb135ae77d345b6b035b
6cc8def-N/A-N/A-20090514172159448066