The name of a musical group presents special considerations when use of the name is claimed to be trademark usage. It is clear that live musical performances by a musical group under their name constitutes service mark usage of the name in respect of “live musical performance services” and is therefore entitled to registration in respect of such services. However, in the United States, use of the group's name on recordings may not constitute trademark usage. The Federal Circuit has held that mere use of a musical group’s name on a recording will be insufficient to justify a trademark registration in Class 9 in respect of “recordings”. However, if the musical group exercises control over the quality of the recording and “where the name of that recording group has been used numerous times on different records and has therefore come to represent an assurance of quality to the public, the name may be registered as a trademark since it functions as one.” [4] The United States Trademark Office (“USPTO”) will not register the name of a musical group or performer as a trademark in respect of “recordings” unless the name is used on a series of sound recordings and applied to at least two different recordings in the series.