Extension of Time to File SOU

PTO Form 1581 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 06/30/2005)

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PTO Form 1581 (Rev 4/2000)

OMB Control #0651-0009 (Exp. 06/30/2005)

Trademark/Service Mark Extension for Filing a Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: ALPHA-FRY TECHNOLOGIES
SERIAL NUMBER: 76057743

The applicant, Fry's Metals, Inc., residing at 600 ROUTE 440 , JERSEY CITY, NJ US 07304, requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application.    The Notice of Allowance mailing date was 08/27/2002.

For International Class: 001, the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance, or as subsequently modified.

For International Class: 002, the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance, or as subsequently modified.

For International Class: 003, the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance, or as subsequently modified.

For International Class: 004, the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance, or as subsequently modified.

For International Class: 006, the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance, or as subsequently modified.

For International Class: 007, the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance, or as subsequently modified.

For International Class: 009, the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance, or as subsequently modified.

For International Class: 011, the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance, or as subsequently modified.

For International Class: 017, the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance, or as subsequently modified.

This is the fourth extension request.   The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods and/or services covered by the extension request: Applicant is still conducting market research and is engaged in product development..

The applicant hereby appoints Antonio Borrelli to submit this Request for Extension of Time to File a Statement of Use on behalf of the applicant. The attorney docket/reference number is 13130-01/AXB/bcz.

A fee payment in the amount of $1350 will be submitted with the form, representing payment for 9 classes.


Declaration

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: /Antonio Borrelli/      Date: 07/22/2004
Signatory's Name: Antonio Borrelli
Signatory's Position: Attorney for Applicant

RAM Sale Number: 1067
RAM Accounting Date: 07/22/2004

Serial Number: 76057743
Internet Transmission Date: Thu Jul 22 12:45:31 EDT 2004
TEAS Stamp: USPTO/ESU-XXX.XX.XXX.X-20040722124531450
066-76057743-2002ec5bdd07ebd4549a6339482
a47a4a7-ET-1067-20040722122610001092


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