theDot Communications Network LLC

Trademark Trial and Appeal Board

Nov 22, 2011

No. 77622944 (T.T.A.B. Nov. 22, 2011)

Hearing: Mailed:
May 24, 2011 November 22, 2011

UNITED STATES PATENT AND TRADEMARK OFFICE
________

Trademark Trial and Appeal Board
________

In re theDot Communications Network LLC
________

Serial No. 77622942
Serial No. 77622944
Serial No. 77622945
Serial No. 77622947
Serial No. 77622948
_______

Mike Rodenbaugh of Rodenbaugh Law for theDot Communications
Network LLC.

Seth A. Rappaport, Trademark Examining Attorney, Law Office
103 (Michael Hamilton, Managing Attorney).
_______

Before Grendel, Holtzman and Bergsman,
Administrative Trademark Judges.

Opinion by Bergsman, Administrative Trademark Judge:

theDot Communications Network LLC (“applicant”) filed
five intent-to-use applications on the Principal Register
for the mark .music, in standard character form, for the
following services:
1. Serial No. 77622942
On-line social networking services;
providing a social networking website
for entertainment purposes;
registration of domain names for
THIS OPINION IS A
PRECEDENT OF THE TTAB
Serial Nos. 77622942 et.al.
2
identification of users on a global
computer network, in Class 45.

2. Serial No. 77622944
Computer services, namely, creating an
on-line community for registered users
to participate in competitions,
showcase their skills, get feedback
from their peers, form virtual
communities, engage in social
networking and improve their talent;
computer services, namely, hosting on-
line web facilities for others for
organizing and conducting online
meetings, gatherings, and interactive
discussions; computer services, namely,
interactive hosting services which
allow the user to publish and share
their own content and images on-line;
providing a web site featuring
temporary use of non-downloadable
software allowing web site users to
upload, post and display online videos
for sharing with others for
entertainment purposes; providing a web
site that gives multiple computer users
simultaneously the ability to upload,
create and edit documents, printed
publications, online publications,
photographs, product packaging and
advertisements; providing an online
website for creating and hosting micro
websites for businesses, in Class 42.

3. Serial No. 77622945

Digital video, audio, and multimedia
publishing services; multimedia
entertainment services in the nature of
recording, production and post-
production services in the fields of
video and films; multimedia publishing
of books, magazines, journals,
software, games and electronic
publications; post-production editing
services in the field of videos and
Serial Nos. 77622942 et.al.
3
films; publishing of electronic
publications; publishing of reviews;
publishing of web magazines, in Class
41.

4. Serial No. 77622947

Arranging subscriptions of the online
publications of others; on-line
wholesale and retail store services
featuring downloadable sound, image,
video and game files; promotional
services, namely, promoting the goods
of others by means of providing online
gift cards; providing a searchable
online advertising guide featuring the
goods and services of other on-line
vendors on the internet; Providing an
online video business directory;
publishing of advertising texts, in
Class 35.

5. Serial No. 77622948
Downloadable MP3 files, MP3 recordings,
on-line discussion boards, webcasts and
podcasts featuring audio books and news
broadcasts; sound recordings featuring
entertainment in the nature of
performing arts; video recordings
featuring entertainment in the nature
of performing arts, in Class 9.

In each application, the Trademark Examining Attorney
refused to register applicant’s mark under Section 2(e)(1)
of the Trademark Act of 1946, 15 U.S.C. §1052(e)(1), on the
ground that applicant’s mark is merely descriptive of the
identified goods and services. According to the Examining
Attorney, the mark is merely descriptive for the following
reasons:
Serial Nos. 77622942 et.al.
4
1. “[T]he term MUSIC is defined as ‘the art of
arranging sounds in time so as to produce a continuous,
unified, and evocative composition, as through melody,
harmony, rhythm, and timbre’”; and
2. Music is a feature of applicant’s goods and
services in that the goods and services are broad enough to
include music, music related content and information about
music.1
The Examining Attorney dismissed the period at the
beginning of the mark as mere punctuation that does not
alter the commercial impression of the mark as being
something more than just the word “Music.”2
In response, applicant argues that the “.MUSIC mark is
completely arbitrary in relation to most of the services
cited in this application … and has no inherent relation
whatsoever to domain registration or social networking
services” and that there is no authority for the examining
attorney’s assertion that because applicant’s services may
encompass music, the .music mark is merely descriptive.3
Applicant also makes the following argument:
The name of a Top-Level Domain can and
in fact does have an important source
identifying function. By definition,

1 Examining Attorney’s Briefs, unnumbered pages 5-8.
2 Examining Attorney’s Briefs, unnumbered page 9.
3 Applicant’s Brief, p. 6.
Serial Nos. 77622942 et.al.
5
domain names in any particular TLD
emanate from only one domain registry
source.4 (Emphasis in the original).

* * *

Applicant’s .MUSIC mark incorporates
two elements to suggest internet
services which might have applications
related to music, in addition to other
performing arts, entertainment, news
and many other services. Both the
“dot” and the word “music” have several
apposite meanings, and combine to form
a unitary mark that does not “merely
describe” any of Applicant’s services.
Applicant intends to offer a wide
variety of services listed in the
applications, of which domain
registration is only one facet.5

Certainly consumers will understand
that the mark means more than “merely a
TLD” because many existing TLD
operators provide a variety of value-
add [sic] services under the TLD
names/marks, other than domain
registration.6

Finally, applicant argues that it has been the
practice of the USPTO to allow the registration of top-
level domains.7
[T]here are many TLD operators that use
the TLD name string as a mark, and that
have already registered those TLD names
on the Principal Register, including
ICANN-accredited TLDs such as dotam,
dotfm, .travel, .nu domain, and
dotCoop. There are even more non-
accredited, yet publicly proposed

4 Applicant’s Brief, p. 8.
5 Applicant’s Brief, pp. 9-10.
6 Applicant’s Brief, p. 10.
7 Applicant’s Brief, p. 12.
Serial Nos. 77622942 et.al.
6
and/or operated TLD strings such as
.learn, dotRadio, dotGreen, dotblog or
.music, that use their mark as a source
identifier. … All of these include
domain registration services, and may
include a much broader variety of
online services.8

A term is merely descriptive if it immediately conveys
knowledge of a significant quality, characteristic,
function, feature or purpose of the products and services
it identifies. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009,
1009 (Fed. Cir. 1987). Whether a particular term is merely
descriptive is determined in relation to the goods and
services for which registration is sought and the context
in which the term is used, not in the abstract or on the
basis of guesswork. In re Abcor Development Corp.,
588 F.2d 811, 200 USPQ 215, 218 (CCPA 1978); In re Remacle,
66 USPQ2d 1222, 1224 (TTAB 2002). In other words, the
question is not whether someone presented only with the
mark could guess the products listed in the description of
goods. Rather, the question is whether someone who knows
what the products are will understand the mark to convey
information about them. In re Tower Tech, Inc.,
64 USPQ2d 1314, 1316-1317 (TTAB 2002); In re Patent &
Trademark Services Inc., 49 USPQ2d 1537, 1539 (TTAB 1998);
In re Home Builders Association of Greenville,

8 Applicant’s Brief, pp. 10-11.
Serial Nos. 77622942 et.al.
7
18 USPQ2d 1313, 1317 (TTAB 1990); In re American Greetings
Corp., 226 USPQ 365, 366 (TTAB 1985).
If one must exercise mature thought or follow a multi-
stage reasoning process in order to determine what product
or service characteristics the term indicates, the term is
suggestive rather than merely descriptive. In re Tennis in
the Round, Inc., 199 USPQ 496, 497 (TTAB 1978); see also,
In re Shutts, 217 USPQ 363, 364-365 (TTAB 1983); In re
Universal Water Systems, Inc., 209 USPQ 165, 166 (TTAB
1980).
Finally, the question of whether a mark is merely
descriptive must be determined based on the evidence of
record at the time registration is sought. In re Sun
Microsystems Inc., 59 USPQ2d 1084, 1088 (TTAB 2001). See
also In re Thomas Nelson Inc., 97 USPQ2d 1712, 1717 (TTAB
2011). In the applications at issue, this last principle
is particularly important, as the evidence and arguments
involve consideration of the question of consumer
perception of domain names and internet addresses, a field
which the record shows to be changing.
Top-level domain names (TLDs) for websites in the
United States include .com (commercial organizations), .edu
(educational bodies), .gov (government bodies), .net
(network resources), .mil (military) and .org (non-profit
Serial Nos. 77622942 et.al.
8
organizations).9 These top-level domain names are referred
to as “dot com,” “dot edu,” etc.10 In 2000, the Internet
Corporation for Assigned Names and Numbers (ICANN)
announced the new domains set forth below (except for
.mobi, which was announced in 2005). Prior to 2000, new
domains had not been created since 1989.11
TLD Purpose

.aero aerospace
.asia asia
.biz business
.cat Catalan region
.coop cooperatives
.info information service
.jobs employment
.mobi mobile phones, etc.
.museum museum
.name an individual
.pro licensed professionals
.tel contacts
.travel travel

In 2010, after years of legal controversy, ICANN
approved the .xxx top-level domain for adult entertainment

9 Internet & Networking Dictionary, p. 258 (Microsoft 2003). See
also NetLingo: The Internet Dictionary, pp. 139 and 383 (2003);
Official Internet Dictionary p. 46 (1998); Net.Speak: The
Internet Dictionary, p. 55 (1994). The Board may take judicial
notice of dictionary evidence. University of Notre Dame du Lac
v. J. C. Gourmet Food Imports Co., 213 USPQ 594, 596 (TTAB 1982),
aff’d, 703 F.2d 1372, 217 USPQ 505 (Fed. Cir. 1983).
10 The Internet Glossary and Quick Reference Guide, p. 130 (1998)
(“dot com” “[r]efers to a commercial Internet address, which ends
with a period and the word com (.com). For example, the Internet
addresses for the CompuServe and America Online services are
compuserve.com and aol.com.”) (emphasis in the original). See
also NetLingo: The Internet Dictionary, p. 141.
11 Computer Desktop Encyclopedia (2011); NetLingo: The Internet
Dictionary, p. 139; Encyclopedia Britannica (2011).
Serial Nos. 77622942 et.al.
9
sites. ICANN then announced in 2011 that it would greatly
increase the number of top-level domains by allowing nearly
any new name in any language.12
Applicant submitted an excerpt from a website in 2009
discussing the proposed expansion of top-level domain names
to “dedicated communities” by ICANN.13
Q. What is the level of interest at
the moment?

A. A lot of what we know is
anecdotal. We estimate that there’ll
be hundreds of applications, although
there may actually be more or there may
be less. Some people have specifically
declared their interest: chef Wolfgang
Puck said that he wants .food, and
there has been interest from cities
such as Berlin and New York. These are
some examples, then, and we can expect
more to follow; the most exciting ideas
are when you hear about communities, be
they linguistic or cultural, using the
web as a place for identity.

ICANN has, in fact, expanded its practice of issuing
top-level domain names. In the .aero website
(information.aero) submitted by applicant, the .aero domain
owner explained that “.aero is the aviation’s own Internet
space offering an established alternative to the

12 Encyclopedia Britannica (2011).
13 “Q&A: Icann [sic] chief operating officer Doug Brent” at
V3.co.uk (August 18, 2009) attached as Exhibit I to applicant’s
August 26, 2009 response. Although this is a website from the
United Kingdom, we have considered it for the information
regarding the issuance of new top-level domain names, not for
consumer perceptions.
Serial Nos. 77622942 et.al.
10
traditional TLDs – with the bonus that it is managed by
aviation for aviation.”14 The .aero domain owner offered
the following information:
Technically, in the daily operations of
the domain, there is no distinction
between .aero and generic TLDs such as
.com, .org, and country specific TLDs.

Canon, Inc. issued a press release dated March 16,
2010, announcing that it would seek the acquisition of the
“.canon” top-level domain name.15 Canon, Inc. explained
that “[t]he new gTLD system [expected to commence in 2010]
is expected to allow a company name, brand name, geographic
region, or service type to be used as gTLD within website
and e-mail addresses.”16
With the adoption of the new gTLD
system, which enables the direct
utilization of the Canon brand, Canon
hopes to globally integrate open
communication policies that are
intuitive and easier to remember
compared with existing domain names
such as “canon.com.” Canon has made
the official decision to begin
necessary procedures to acquire
“.canon” upon the introduction of the
new system. Following approval for the
new gTLD system, which is expected to
take place after the later half of
2011, Canon will make full use of the
new domain name to increase the
convenience and effectiveness of its
online communications.

14 August 26, 2009 response, Exhibit E.
15 September 15, 2010 response, Exhibit C.
16 A “gTLD” is a generic top-level domain and it is synonymous
with a top-level domain. (NetLingo.com)
Serial Nos. 77622942 et.al.
11

There are other groups seeking top-level domains, such
as a group seeking authorization for .music. The group
seeking ICANN authorization for .music is not affiliated
with applicant. The Examining Attorney submitted an
excerpt from the Music.us website promoting the future
“.MUSIC Domain Name Extension.”17
.music is the web extension
representing the global music
community, giving music entities a
unique identity online. Not only does
it increase a brand’s visibility on the
net, .music removes second-guessing &
confusion by immediately associating a
brand’s line of business with a
memorable identity: music.

One of the benefits touted for the .music top-level domain
name is “dedicated domain branding vs. subdomains, e.g.,
Nokia.music > music.nokia.com.”
In the blog Indie Music Tech (indiemusictech.com)
(February 1, 2010), the author posted the following entry:18
Dot Music: A Domain Name Extension for
the Music Industry

While attending MIDEM last week, I met
Constantine Roussos, founder of the

17 February 26, 2009 Office Action. The copyright for the website
is owned by “.music Generic Top-Level Domain TLD gTLD Extension/A
Music.us Company.” This organization is not associated with
applicant. (Steven Baldridge Dec. ¶ 1 attached to the August 26,
2009 Office Action) (“Applicant is entirely unrelated to the
‘Internet evidence’ relied upon by the Examining Attorney, and
had nothing whatsoever to do with the creation of the music.us
website or their apparent ‘dotMusic” initiative.”).
18 March 15, 2010 Office Action.
Serial Nos. 77622942 et.al.
12
“.music” top level domain name
initiative. Essentially, he’s
attempting to generate enough public
support to successfully petition ICANN
to add .music to the existing list of
Generic Top Level Domain extensions,
such as .com, .net, .org, etc.
Constantine has already received over 1
million signatures supporting the
.music extension, but it has not yet
been approved, even though extensions
like .biz, .jobs, .mobi, .museum,
.name, .travel and others already
exist. … I would certainly use .music
to augment my current registrations
(e.g., BandMetrics.music,
MusicScout.music).

An article appearing in the ComputerUser.com website
(February 3, 2010) also reported on the status of the
.music domain name extension.19
.Music (DOT MUSIC) Surpasses 2 Million
Supporters for the .music Domain Name
Extension, Sponsors Social Media Week
in New York

The .music (DOT MUSIC) domain name
initiative surpasses 2 million
supporters to launch the .music domain
name extension for the global music
community and industry. The .music
registry sponsors Social Media Week in
New York and discusses the future of
.music branding and .music marketing on
the web.

* * *

“The .music domain name extension is
about giving the global music community
a unique identity and a highly visible
home on the web that represents their

19 Id.
Serial Nos. 77622942 et.al.
13
brand name, their music and music-
related products and services,” says
Constantine Roussos, founder and CEO of
.music. “The .music domain extension
presents a compelling opportunity for
artists and bands to monetize and
protect their music, gain exposure, and
participate in a global, collective
movement to connect. Music is truly
the universal, unifying language.”

* * *

The .music (DOT MUSIC) registry
(www.music.us), with offices in Los
Angeles, New York, and Cyprus, Europe,
was conceived in 2005. Its purpose is
for ICANN delegation management of the
.music Top-Level Domain (TLD), giving
bands, artists, organizations and music
industry professionals a unique
identity and highly visible top-level
domain on the web. The .music TLD
utilizes a secure Domain Name System
(DNS) platform and marketplace solution
to enable artists and industry
professionals to maximize the earning
potential of their creative works and
music-related products/services,
connect directly with their fans, and
increase their networking opportunities
and global exposure.

These excerpts contribute to the likely public
perception of .music as a top-level domain associated with
the field of music because there has been a concerted
public effort to build support for its use as a top-level
domain in this field (“The .music (DOT MUSIC) domain name
initiative surpasses 2 million supporters to launch the
Serial Nos. 77622942 et.al.
14
.music domain name extension for the global music community
and industry”).20
In view of the foregoing, we find that applicant’s
proposed mark .music conveys the commercial impression of a
top-level domain name similar to .com, .net, etc., and not
merely the word “Music” featuring nondistinctive
punctuation. Moreover, consumers would understand it to be
a top-level domain in the field of music. This finding is
based on the current marketing environment which is
different than the marketing environment when many of the
third-party registrations relied upon by applicant were
issued. When many of the third-party registrations were
issued, ICANN was not considering expansion of the roster
of domain name extensions.21 Nor does the record reveal
active campaigns to obtain TLD status for the marks in
those registrations as there is for the .music top-level
domain. Therefore, the third-party registrations submitted
by applicant for marks consisting of “dot ____________” or
“.__________” have very limited probative value, especially
if those registrations were not supported by evidence of

20 March 15, 2009 Office Action.
21 To the extent that the applications for the third-party
registrations were filed after ICANN began considering domain
name extensions, because the files of those applications were not
made of record, we do not know whether the descriptiveness issue
was considered.
Serial Nos. 77622942 et.al.
15
actual use in this record.22 Third-party registrations are
not conclusive on the question of descriptiveness. Each
case must stand on its own merits, and a mark that is
merely descriptive should not be registered on the
Principal Register simply because other such marks appear
on the register. In re Nett Designs Inc., 236 F.3d 1339,
57 USPQ2d 1564, 1566 (Fed. Cir. 2001); In re Scholastic
Testing Service, Inc., 196 USPQ 517, 519 (TTAB 1977).
Having determined that .music engenders the commercial
impression of a top-level domain in the field of music, we
now analyze whether someone who knows the goods or services
listed in the applications will understand the mark to
directly convey information about them.
A. Serial No. 77622942
As indicated above, applicant is seeking to register
.music for the following services:
On-line social networking services;
providing a social networking website
for entertainment purposes;
registration of domain names for
identification of users on a global
computer network, in Class 45.

22 Our finding that .music engenders the commercial impression of
a top-level domain name is limited to the facts in this case.
For example, as indicated above, Canon, Inc. has announced that
it is seeking a top-level domain for .canon which, depending on
the record developed in a trademark application, may or may not
engender the commercial impression of a top-level domain name.
Serial Nos. 77622942 et.al.
16
The evidence shows that the owners of top-level
domains register domain names. Moreover, applicant
concedes that the owners of top-level domains register
domain names (“consumers will understand the mark means
more than ‘merely a TLD’ because many TLD operators provide
a variety of value-add [sic] services under their TLD
names/marks, other than domain registration”).23 In
addition, top-level domains often describe the subject
matter or user of the domain space. For example:
1. The respective owners of the .mobi, .aero, and
.coop top-level domains promote themselves as more than
just registrars of domain names targeted to particular
industries or types of entities.24 The owner of the .coop
top-level domain has registered the mark .coop and design
for “maintaining a registry of computer addresses” and was
required to disclaim the exclusive right to use the term
“coop” because presumably it described attributes,
features, and characteristics of the services.
2. Registration No. 2746004 is for the mark .BIZ and
design for, inter alia, maintaining a registry of

23 Applicant’s Brief, p. 10.
24 Id. at Exhibit E.
Serial Nos. 77622942 et.al.
17
computer network addresses. The registrant was required to
disclaim the exclusive right to use the term “.BIZ”25
because it indicated an aspect of the services.
3. Registration No. 3044328 is for the mark .org and
design for the following services:
Domain name registry services, namely,
coordinating the registration of domain
names for identification of users and
internet protocol addresses on the
Internet; providing an online computer
database in the field of domain name
registration information, and domain
name monitoring services.

The registrant was required to disclaim the exclusive right
to use the term “.org” because it merely denotes the top-
level domain for noncommercial organizations and is
incapable of functioning as a source identifier.26
Because .music engenders the commercial impression of
a top-level domain name and top-level domain name owners
register domain names, consumers would anticipate that
.music identifies the registration of domain names for a
music-related top-level domain. Accordingly, we find that
the term .music is merely descriptive for the “registration
of domain names for identification of users on a global
computer network.”

25 Id. at Exhibit H.
26 Id.
Serial Nos. 77622942 et.al.
18
Even though the services listed in the application
encompass more than domain name registration (e.g.,
applicant’s social networking website for entertainment
purposes could encompass a social networking website
related to music), registration will be denied if a mark is
merely descriptive of any of the services for which
registration is sought. In re Quik-Print Copy Shop, Inc.,
616 F.2d 523, 205 USPQ 505, 507 (CCPA 1980). See also in
re Stereotaxis Inc., 429 F.3d 1039, 77 USPQ2d 1087, 1089
(Fed. Cir. 2005).
B. Serial No. 77622944
In this application, applicant is seeking to register
.music for, inter alia, creating an on-line community for
registered users, hosting on-line web facilities for
others, and providing an online website for creating and
hosting micro websites for businesses. According to the
evidence of record, one of the purposes for creating top-
level domain extensions is to create an on-line community
for registered users or domain name registrants, to host
the websites of registered users, and to create websites in
that domain. See “Q&A: Icann [sic] chief operating
officer Doug Brent” at V3.co.uk (August 18, 2009);27 the

27 August 26, 2009 Response, Exhibit I.
Serial Nos. 77622942 et.al.
19
excerpt from the .aero website (information.aero) and the
Canon, Inc. press release;28 the music.us website;29 and
Registration Nos. 3617901 and 3617902 for the mark .tel and
design for, inter alia, for “hosting the websites for
others.”30 Accordingly, the mark .music directly conveys to
relevant consumers that the services include hosting
websites and creating online communities and that these
services could encompass websites and communities in the
field of music. Therefore, the mark is merely descriptive
for those services.
C. Serial No. 77622945

In this application, applicant is seeking to register
its mark for the following services:
Digital video, audio, and multimedia
publishing services; multimedia
entertainment services in the nature of
recording, production and post-
production services in the fields of
video and films; multimedia publishing
of books, magazines, journals,
software, games and electronic
publications; post-production editing
services in the field of videos and
films; publishing of electronic
publications; publishing of reviews;
publishing of web magazines

28 Id. at Exhibit E.
29 February 26, 2009 Office Action.
30 Id. at Exhibit H.
Serial Nos. 77622942 et.al.
20
As indicated by the evidence noted above, the new TLD
extensions provide domains for dedicated communities of
like-minded registered users, domain name registrants and
Internet users. In this regard, the article appearing in
the ComputerUser.com website (February 3, 2010), noted
above, quoted the principal of the organization seeking
authorization for .music as a top-level domain as saying,
“The .music domain name extension is about giving the
global music community a unique identity and a highly
visible home on the web that represents their brand name,
their music and music-related products and services.”
Accordingly, .music for publishing of electronic
publications and publishing of web magazines would
immediately convey that the electronic publications/web
magazines would be about music. Therefore, .music is
merely descriptive when used in connection with music
publishing and entertainment services.
D. Serial No. 77622947

In this application, applicant is seeking to register
.music for, inter alia, providing a searchable online
advertising guide featuring the goods and services of other
on-line vendors on the internet and providing an online
video business directory. The record shows that other
domain name registrars maintain directories of members of
Serial Nos. 77622942 et.al.
21
associated companies. See the excerpt about the .aero top-
level domain (information.aero), the .coop
(na.domains.coop) top-level domain;31 and Registration No.
2746004 for the mark .BIZ and design for, inter alia,
“providing interactive online directories for locating
network addresses.”32 Consumers would expect these services
to be rendered by the owner of the .music registry and that
the services include guides and directories featuring
vendors, goods, and services related to music.
Accordingly, .music directly conveys to relevant consumers
that the applicant provides a searchable online advertising
guide featuring the goods and services offered by its
members in the field of music and, therefore, .music is
merely descriptive for those services.
E. Serial No. 77622948
In this application, applicant is seeking to register
.music for the following goods:
Downloadable MP3 files, MP3 recordings,
on-line discussion boards, webcasts and
podcasts featuring audio books and news
broadcasts; sound recordings featuring
entertainment in the nature of
performing arts; video recordings
featuring entertainment in the nature
of performing arts.

31 August 26, 2009 response at Exhibit E.
32 Id. at Exhibit H.
Serial Nos. 77622942 et.al.
22
Because the purpose for creating top-level domain
extensions such as .music is to create an on-line community
for registered users or domain name registrants with common
interests, the term .music in connection with downloadable
content or sound recordings directly conveys to the
relevant consumers the content of the downloadable files
and sound recordings. As noted above, the article
appearing in the ComputerUser.com website (February 3,
2010), quoted the principal of the proposed top-level
domain .music as saying, “The .music domain name extension
is about giving the global music community a unique
identity and a highly visible home on the web that
represents their brand name, their music and music-related
products and services.” Consumers would expect that
downloadable MP3 files, etc., identified by the .music
would include music files. Accordingly, the term .music is
merely descriptive for these goods.
Decision: The refusals to register Serial No.
77622942, Serial No. 77622944, Serial No. 77622945, Serial
No. 77622947 and Serial No. 77622948 are affirmed.