Preliminary Amendment

PTO Form 1966 (Rev 5/2006)

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

---

PTO Form 1966 (Rev 5/2006)

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

Preliminary Amendment

To the Commissioner for Trademarks:

Application serial no. 77343934 has been amended as follows:

ADDITIONAL STATEMENTS
Applicant is re-submitting this preliminary amendment since prior attempts to pay on alternate grounds appear to have failed submission of the prior preliminary amendments filed today. Applicant herewith requests deletion and amendment of the section 1(b) filing basis to section 1(a). Applicant alleges use of the mark (as shown in the attached specimens) anywhere, and in commerce, at least as early as July 1, 2007. Applicant further herewith requests amendment of the application to include the attached specimens. The attached specimens include three different PDF images of website printouts showing use of the mark consistent with the claimed description of goods/services; and two different photographic specimens of packages consistent with the class description of goods/services. The website PDFs and the packaging photographs feature the mark prominently. Applicant respectfully requests entry of this amendment by this means in light of the fact that no other method was available for changing the filing basis during the "blackout period." Along these lines, please also note that, since no other mechanism is available, the Comissioner is hereby authorized to deduct the fees for the allegation of use ($100) from the deposit account no 22913, which is associated with the Attorney of record. If any clarification of these requests is necessitated by this filing, Applicant respectfully requests the Examiner to telephone the Attorney of Record at the contact information on file.

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: /Michael J. Frodsham/      Date: 01/16/2008
Signatory's Name: Michael J. Frodsham
Signatory's Position: Attorney of Record

Preliminary Amendment Signature
Signature: /Michael J. Frodsham/     Date: 01/16/2008
Signatory's Name: Michael J. Frodsham
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: 77343934
Internet Transmission Date: Wed Jan 16 18:59:24 EST 2008
TEAS Stamp: USPTO/PRA-XXX.XXX.XXX.XXX-20080116185924
198346-77343934-4002ad9f565afc7a02632e4a
c9fd66ad335-N/A-N/A-20080116185112900718