PR-Section 8 and 9

KROGER

KROGER CO. OF MICHIGAN, THE

Combined Declaration of Use In Commerce & Application For Renewal of Registration of A Mark Under Sections 8 & 9

PTO Form 1963 (Rev 5/2006)
OMB No. 0651-0055 (Exp 12/31/2011)

Combined Declaration of Use In Commerce & Application For Renewal of Registration of A Mark Under Sections 8 & 9


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER 0434669
REGISTRATION DATE 12/02/1947
SERIAL NUMBER 71501391
MARK SECTION
MARK KROGER (stylized and/or with design)
OWNER SECTION (current)
NAME THE KROGER CO.
STREET 35 EAST SEVENTH ST.
CITY CINCINNATI
STATE Ohio
ZIP/POSTAL CODE 45201
COUNTRY United States
OWNER SECTION (proposed)
NAME KROGER CO. OF MICHIGAN, THE
INTERNAL ADDRESS SUITE 400
STREET 17390 LAUREL PARK DRIVE NORTH
CITY LIVONIA
STATE Michigan
ZIP/POSTAL CODE 48152-2686
COUNTRY United States
ATTORNEY SECTION (current)
NAME JAMES L. DOOLEY
FIRM NAME CUSHMAN, DARBY & CUSHMAN
INTERNAL ADDRESS 1100 New York Avenue, N.W.
STREET Ninth Floor
CITY Washington
STATE D.C.
POSTAL CODE 20005-3918
COUNTRY United States
ATTORNEY SECTION (proposed)
NAME Richard L. Kirkpatrick
FIRM NAME Pillsbury Winthrop Shaw Pittman LLP
STREET 50 Fremont Street
CITY San Francisco
STATE California
POSTAL CODE 94120-2228
COUNTRY United States
PHONE 415-983-1802
FAX 415-983-1200
EMAIL sftrademarks@pillsburylaw.com
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
ATTORNEY DOCKET NUMBER 061148.0062212
OTHER APPOINTED ATTORNEY all other attorneys
GOODS AND/OR SERVICES SECTION
U.S. CLASS 046
GOODS OR SERVICES KEEP ALL LISTED
SPECIMEN FILE NAME(S) \\TICRS2\EXPORT14\715\013 \71501391\xml1\S890002.JP G
        \\TICRS2\EXPORT14\715\013 \71501391\xml1\S890003.JP G
SPECIMEN DESCRIPTION Scanned images of product packaging
PAYMENT SECTION
NUMBER OF CLASSES 1
NUMBER OF CLASSES PAID 1
SUBTOTAL AMOUNT 500
GRACE PERIOD 200
TOTAL FEE PAID 700
SIGNATURE SECTION
SIGNATURE /RLK/
SIGNATORY'S NAME Richard L. Kirkpatrick
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 12/28/2007
PAYMENT METHOD DA
FILING INFORMATION
SUBMIT DATE Fri Dec 28 19:34:32 EST 2007
TEAS STAMP USPTO/S08N09-XXX.XXX.XXX.
XX-20071228193432053535-0
434669-400a3dde0b161331cc
8b5fe359799588fb6-DA-2931
-20071228192854605108



PTO Form 1963 (Rev 5/2006)
OMB No. 0651-0055 (Exp 12/31/2011)


Combined Declaration of Use In Commerce & Application For Renewal of Registration of A Mark Under Sections 8 & 9


To the Commissioner for Trademarks:

REGISTRATION NUMBER: 0434669
REGISTRATION DATE: 12/02/1947

MARK: KROGER (stylized and/or with design)

The owner, KROGER CO. OF MICHIGAN, THE, having an address of
      SUITE 400
      17390 LAUREL PARK DRIVE NORTH
      LIVONIA, Michigan 48152-2686
      United States
is filing a Combined Declaration of Use In Commerce & Application For Renewal of Registration of A Mark Under Sections 8 & 9.

For U.S. Class 046, the mark is in use in commerce on or in connection with all goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Scanned images of product packaging.
Specimen File1
Specimen File2

The registrant hereby appoints Richard L. Kirkpatrick and all other attorneys of  Pillsbury Winthrop Shaw Pittman LLP
      50 Fremont Street
      San Francisco, California 94120-2228
       United States
to file this Combined Declaration of Use In Commerce & Application For Renewal of Registration of A Mark Under Sections 8 & 9 on behalf of the registrant.  The attorney docket/reference number is 061148.0062212.

A fee payment in the amount of $700 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use in Commerce
Unless the owner has specifically claimed excusable non-use, the owner, or its related company, is using the mark in commerce on or in connection with the goods and/or services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

Section 9: Application for Renewal
The registrant requests that the registration be renewed for the goods and/or services identified above.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /RLK/      Date: 12/28/2007
Signatory's Name: Richard L. Kirkpatrick
Signatory's Position: Attorney of record

Mailing Address (current):
   CUSHMAN, DARBY & CUSHMAN
   Ninth Floor
   Washington, D.C. 20005-3918

Mailing Address (proposed):
   Pillsbury Winthrop Shaw Pittman LLP
   50 Fremont Street
   San Francisco, California 94120-2228

Serial Number: 71501391
Internet Transmission Date: Fri Dec 28 19:34:32 EST 2007
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.XX-200712281934
32053535-0434669-400a3dde0b161331cc8b5fe
359799588fb6-DA-2931-2007122819285460510
8

PR-Section 8 and 9 [image/jpeg]

PR-Section 8 and 9 [image/jpeg]

PR-Section 8 and 9 [image/jpeg]


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