Preliminary Amendment

PTO Form 1966 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1966 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/30/2011)

Preliminary Amendment

To the Commissioner for Trademarks:

Application serial no. 77468023 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services in the nature of boxing contests and art exhibitions; arranging of seminars and conferences; educational demonstrations; rental of audio-visual equipment; rental of portable stages; rental of audio-visual equipment; preparation of special effects for trade show booths and exhibitions; entertainment, namely, lighting production
Original Filing Basis:
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)).

In International Class 041, the mark was first used at least as early as 11/30/1996 and first used in commerce at least as early as 11/30/1996.

Proposed: Class 041 for Casino services; gambling services; gaming services; Entertainment services in the nature of boxing contests and art exhibitions; arranging of seminars and conferences; educational demonstrations; rental of audio-visual equipment; rental of portable stages; rental of audio-visual equipment; preparation of special effects for trade show booths and exhibitions; entertainment, namely, lighting production

Deleted Filing Basis: 1(b)
In International Class 041, the mark was first used at least as early as 11/30/1996. and first used in commerce at least as early as 11/30/1996.

ADDITIONAL STATEMENTS
We made a technical mistake when submitting the Statement of Use by inadvertently deleting "Casino services; gambling services; gaming services" when we submitted the SOU online on the 21st. We immediately called the ITU processing unit before they had even completed the processing. They said that they would be processing it as filed with the error and that we need to contact the examining attorney it will be assigned to in law office 103. I called within 24 hours after learning the name of the examiner and number to call. I thereafter spoke with Sr. Attorney Ms. Walberg who told me today I can start by submitting this form with the declaration and that I will hear back from Mr. McBride shortly. Thank you very much.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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 and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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. Section1001, 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. Section1051(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: /jdm/      Date: 06/29/2010
Signatory's Name: Jonathan Matkowsky
Signatory's Position: Attorney of record, NYS bar member

Voluntary Amendment Signature
Signature: /jdm/     Date: 06/29/2010
Signatory's Name: Jonathan Matkowsky
Signatory's Position: Attorney of record, NYS bar member

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: 77468023
Internet Transmission Date: Tue Jun 29 13:00:47 EDT 2010
TEAS Stamp: USPTO/PRA-XX.XXX.XX.X-201006291300475636
47-77468023-4608e2d12248cf5c1f6563a11c2c
b1a886-N/A-N/A-20100629124226972347