Response to Office Action

PTO Form 1957 (Rev 5/2006)

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

---

PTO Form 1957 (Rev 5/2006)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78548148 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 009 for Prerecorded compact discs, digital video discs, video cassettes and audio cassettes featuring music and musical performances, and providing downloadable audio musical recordings via a global computer network
Original Filing Basis: 1(b).
Proposed: Class 009 for Prerecorded compact discs, digital video discs, video cassettes and audio cassettes featuring music and musical performances, and providing downloadable audio musical recordings via a global computer network
New/Additional Basis:

Section 1(a), 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, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/00/2003 and first used in commerce at least as early as 10/00/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 009.
The specimen(s) submitted consists of Marketing material..

For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Specimen-1

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 041 for Entertainment services, namely performances by a live musical artist, live personal appearances by entertainers, theatre productions and dance performances; record production; and song writing services and providing prerecorded music online and information regarding a musical artist online via a global computer network
Original Filing Basis: 1(b).
Proposed: Class 041 for Entertainment services, namely performances by a live musical artist, live personal appearances by entertainers, theatre productions and dance performances; record production; and song writing services and providing prerecorded music online and information regarding a musical artist online via a global computer network
New/Additional Basis:

Section 1(a), 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, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/00/2003 and first used in commerce at least as early as 10/00/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 041.
The specimen(s) submitted consists of Marketing material..

For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Specimen-1


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: /Sherri N. Blount/      Date: 07/17/2006
Signatory's Name: Sherri N. Blount
Signatory's Position: Attorney for Applicant

Response Signature

Signature: /Sherri N. Blount/     Date: 07/17/2006
Signatory's Name: Sherri N. Blount
Signatory's Position: Attorney for Applicant
        
Serial Number: 78548148
Internet Transmission Date: Mon Jul 17 14:02:06 EDT 2006
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-200607171402067076
29-78548148-3327bf52fe1f7a4ad57068a2d9af
ca1475-N/A-N/A-20060717135804045749