Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77003492

Filing Date: 09/20/2006

To the Commissioner for Trademarks:

MARK: BABY IQ (stylized and/or with design, see mark)

The literal element of the mark consists of BABY IQ. The mark consists of the word "BABY" and the letters "I" and "Q" with a baby face inside the circle of the "Q".
The applicant, The Brainy Baby Company, LLC, a limited liability company legally organized under the laws of Georgia, having an address of 1200 Alpha Drive, Suite B, Alpharetta, Georgia, United States, 30004, requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended.

       International Class 009:  Pre-recordedvideo tapes, audio cassettes, digital video discs and compact discs containing visual and auditory content intended to develop and improve the creative and intellectual faculties of infants and children

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 009, the mark was first used at least as early as 02/15/2006, and first used in commerce at least as early as 02/15/2006, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) This is the cover of the DVD packaging..
Specimen File1
The applicant claims ownership of U.S. Registration Number(s) 2839132.

No claim is made to the exclusive right to use BABY apart from the mark as shown.

The applicant hereby appoints Lee B. Beitchman of Beitchman & Hudson, 215 14th St., NW, Atlanta, Georgia, United States, 30318 to submit this application on behalf of the applicant.

Correspondence Information:	Lee B. Beitchman
	215 14th St., NW
	Atlanta, Georgia 30318
	404-897-5252(phone)
	404-521-4632(fax)
	leebeebee@aol.com (authorized)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

Declaration

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. Section 1001, and that such willful false statements, and the like, 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. Section 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; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /Dennis Fedoruk/   Date Signed: 09/20/2006
Signatory's Name: Dennis Fedoruk
Signatory's Position: CEO



RAM Sale Number: 413
RAM Accounting Date: 09/21/2006

Serial Number: 77003492
Internet Transmission Date: Wed Sep 20 16:31:54 EDT 2006
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-200609201631541
41789-77003492-350ce3276941bd3b85acaa4ae
351d1ff226-CC-413-20060920161539725681