UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): January 14, 2004 ADVANCED MARKETING SERVICES, INC. ------------------------------------------------------------------------------- (Exact name of registrant as specified in its charter) DELAWARE ------------------------------------------------------------------------------- (State or other jurisdiction of incorporation) 0-16002 95-3768341 ---------------------------------- --------------------------------- (Commission File Number) (IRS Employer Identification No.) 5880 OBERLIN DRIVE, SAN DIEGO, CALIFORNIA 92121 ------------------------------------------------------------------------------- (Address of principal executive offices) Registrant's telephone number, including area code: (858) 457-2500 NA ------------------------------------------------------------------------------- (Former name or former address, if changed since last report) ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE On January 14, 2004, the registrant issued a public announcement, "Advanced Marketing Services Announces Restatement and Revised Guidance Concerning Fiscal Year 2004 Financial Performance." The full text of the announcement, which shall not be deemed filed under the Securities and Exchange Act of 1934, is attached hereto as Exhibit 99. SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. ADVANCED MARKETING SERVICES, INC. (Registrant) January 14, 2004 By: /S/ MICHAEL M. NICITA -------------------------------- ------------------------------------- Date Michael M. Nicita President and Chief Executive Officer