Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 76678137 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Computer software for air services and systems

Applicant hereby deletes the following class of goods/services from the application.
Class 039 for Travel alliance and travel methodology, namely, the utilization of an aircraft as a taxi providing on-demand service at airline prices

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 (Original Class: 009 ) for Providing temporary use of on-line non-downloadable software for aircraft transportation services, namely, providing information concerning airports, flight distance, and flight time by aircraft type and the time savings of air taxi and air charter flights versus using other commercial airports, and travel reservation services for making reservations and bookings for air taxi and air charter transportation
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 hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 039 ) for Association services; namely, promoting the interests of air taxi and air charter providers and the air transportation model of direct personal flights for the benefit of businesses, individuals and communities
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 03/04/2007 and first used in commerce at least as early as 04/28/2007, and is now in use in such commerce.

ADDITIONAL STATEMENTS
Disclaimer
"No claim is made to the exclusive right to use AIR TAXI apart from the mark as shown."

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /John C. McElwaine/      Date: 03/24/2008
Signatory's Name: John C. McElwaine
Signatory's Position: Attorney of record

Response Signature
Signature: /John C. McElwaine/     Date: 03/24/2008
Signatory's Name: John C. McElwaine
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: 76678137
Internet Transmission Date: Mon Mar 24 18:47:51 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20080324184751615
666-76678137-42087a264fd83fd9b2d82a2bbda
49026e9-N/A-N/A-20080324184349950517