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. 77019281 has been amended as follows:
Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 041 for Entertainment in the nature of live performances by Miss Amy; Entertainment namely, live performances by a musical band; Entertainment services in the nature of on-going television programs in the field of children's entertainment; Entertainment services namely live, televised and movie appearances by a professional entertainer; Entertainment Services namely providing a website featuring, photographic, audio, video and prose presentations featuring children's content; Entertainment services, namely, providing a television program in the field of children's entertainment via a global computer network; Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials; Entertainment services, namely, providing prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; Entertainment, namely live music concerts; Entertainment, namely live performances by musical bands
Original Filing Basis: 1(a).
Proposed: Class 041 for Entertainment in the nature of live performances by musical artist; Entertainment namely, live performances by a musical band; Entertainment services in the nature of on-going television programs in the field of children's entertainment; Entertainment services namely live, televised and movie appearances by a professional entertainer; Entertainment Services namely providing a website featuring, photographic, audio, video and prose presentations featuring children's content; Entertainment services, namely, providing a television program in the field of children's entertainment via a global computer network; Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials; Entertainment services, namely, providing prerecorded music, information in the field of music, and commentary and articles about music, all on-line via a global computer network; Entertainment, namely live music concerts; Entertainment, namely live performances by musical bands
Filing Basis: 1(a).
Section 1(a), Use in Commerce: The mark was first used at least as early as 09/15/2001 and first used in commerce at least as early as 06/01/2004, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 041.
The specimen(s) submitted consists of Published advertising in Philadelphia newspaper.
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to the filing of the Amendment to Allege Use (AAU)."


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: /Amy Otey/      Date: 03/13/2007
Signatory's Name: Amy Otey
Signatory's Position: Owner

Response Signature
Signature: /Amy Otey/     Date: 03/13/2007
Signatory's Name: Amy Otey
Signatory's Position: Owner

The signatory has confirmed that he/she is currently not represented by an attorney, and that he/she is either (1) the applicant; or (2) a person(s) with legal authority to bind the applicant. He/she also confirms that if he/she is an applicant who was previously represented by an attorney, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the prior attorney's request to withdraw.
        
Serial Number: 77019281
Internet Transmission Date: Tue Mar 13 12:41:06 EDT 2007
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2007031312410657
4207-77019281-3705e6beee232b1f289543d9c7
ac8a51-N/A-N/A-20070313121558600947