PR-Section 8 and 9

PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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PTO Form 1963 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 2839382
REGISTRATION DATE: 05/11/2004

MARK: FOOD LION

The owner, DZA BRANDS, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      2110 EXECUTIVE DRIVE
      SALISBURY, North Carolina 28147
      United States
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 001, this filing does not cover this specific class. This entire class is to be permanently deleted from the registration.

For International Class 029, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: coconut flakes, coconut flakes, scalloped potatoes, au gratin potatoes, potato flakes, refried beans, evaporated milk, non-fat dry milk, coffee creamer, butter, processed cheese slices, shredded cheese, namely, shredded jalapeno, cheddar, sharp cheddar, American, Monterey jack, mozzarella, longhorn and colby, cream cheese, parmesan grated cheese, cottage cheese, half and half, whipping cream, flavored creamers, eggs, margarine, chocolate milk, milk, eggnog, whole buttermilk, sour cream, yogurt, snack food dips, namely, onion, ranch, and french onion, artificial egg product, potato salad, cooked chicken, sausage, ham, tuna salad, ham salad, chicken salad, seafood salad, pimento cheese, crab salad, prepared frozen chicken, whipped topping, frozen lima beans, frozen mixed vegetables, frozen spinach, frozen carrots, frozen brussel sprouts, frozen okra, frozen cauliflower, frozen potatoes, namely, hash brown, french fries, steak fries, shoestring fries, processed seasoned potatoes in the form of bite-sized nuggets, and curly fries; frozen onion rings, frozen fish sticks, frozen cooked shrimp, canned beans and wieners, canned pork and beans, canned baked beans, canned mixed beans, canned baby limas, canned black-eyed peas, canned great northern beans, canned red kidney beans, canned pinto beans, canned navy beans, processed raisins, canned peaches, canned fruit cocktail, canned applesauce, canned pears, canned cherries, canned pineapple, canned apple butter, jelly, namely, strawberry, grape, apple, red raspberry, apricot, orange, peach, and blackberry, canned chili conqueso, canned vienna sausage, canned corned beef, canned olives, canned pickles, canned salmon, canned tomatoes, canned yams, canned potatoes, canned mushrooms, canned carrots, canned green beans, canned beets, processed sausage, processed bologna, processed ham, processed turkey, processed shrimp, fruit-based fillings for cakes and pies, namely, pumpkin, cherry, apple and blueberry; sprayable cooking oil and sprayable cooking oil blends ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Photograph of the mark on the goods.
Specimen File1

For International Class 030, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: packaged entrees consisting primarily of pasta and seasonings; packaged entrees consisting primarily of rice and seasonings; cake mixes; biscuit mixes; chocolate chips; baking cocoa; baking powder; baking soda; cornstarch; graham cracker piecrusts; bread crumbs; ravioli; spaghetti rings; cake frostings, namely cream cheese, fudge, milk chocolate, and vanilla; gravy, namely, with sausage, chicken, onion, brown, beef, and turkey; meat tenderizer; spaghetti sauce; taco seasoning mix; chili seasoning mix; taco dinner mix consisting primarily of taco seasoning mix and taco shells; taco shells; salsa; picante sauce; vermicelli; rotini; angel hair pasta; linguini; lasagna noodles; ziti; rigatoni; pasta noodles; boil in bag rice; wild and long-grain rice; instant rice; vanilla extract; lemon extract; imitation vanilla flavoring; crushed red pepper; nutmeg; paprika; onion powder; parsley flakes; chili powder; minced onion; cinnamon; garlic powder; oregano; pepper; chicken-flavored stuffing mix; cornbread stuffing; herb stuffing; aspartame sugar substitute; ice; hot cocoa mix; instant oatmeal; hot wheat cereal; crisped rice and marshmallow treats; breakfast grain bars; pancake mix; iced tea mix; instant grits; cookie dough; namely, sugar, oatmeal raisin, and chocolate chip; cinnamon rolls; crescent rolls; bagels; gelatin snack; pudding snack; flavored frozen confections; macaroni salad; prepared sandwiches,namely, ham, bologna, pimento, turkey, corned beef, and roast beef, submarine sandwiches, barbecue sandwiches, and meatloaf sandwiches; breadsticks; dinner rolls; sandwich buns; hamburger buns; hotdog buns; pita; muffins; cornbread; eclairs; hot cross buns; Danish; turnovers; doughnuts; fudge; butterscotch meringue pie; coconut meringue pie; key lime cream pie; chocolate cream pie; strawberry cream pie; blueberry pie, cake snacks; fresh cakes, namely chocolate, caramel, pecan, coconut, white chocolate, German chocolate, carrot, red velvet, peanut butter fudge, cookies and cream, rocky road, lemon, cream cheese chocolate, black forest ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Photograph of the mark on the goods.
Specimen File1

For International Class 032, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: SPRING WATER, DRINKING WATER, MOUNTAIN WATER, CLUB SODA, TONIC WATER, SELTZER, FLAVORED SPARKLING WATER, FLAVORED SELTZER WATER, GRAPE SODA, PEPPER SODA, ORANGE SODA, ROOTBEER, GINGER ALE, STRAWBERRY SODA, CREME SODA, PEACH SODA, BLACK CHERRY SODA, CITRUS SODA, LEMON-LIME SODA, NON-ALCOHOLIC TROPICAL PUNCH, APPLE CIDER, GRAPE DRINK MIX, ORANGE DRINK MIX, GRAPEFRUIT JUICE, VEGETABLE COCKTAIL JUICE, PRUNE JUICE, LEMON JUICE, ORANGE BREAKFAST DRINK NOT INTENDED AS A MEAL REPLACEMENT ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Photograph of the mark on the goods.
Specimen File1
The registrant's current Attorney Information: John Gary Maynard, III of  Hunton & Williams LLP
      Riverfront Plaza-East Tower
      951 East Byrd Street
      Richmond, Virginia (VA) 23219-4074
      United States
The docket/reference number is 073598.0215.

The registrant's proposed Attorney Information: John Gary Maynard, III of  Hunton & Williams LLP
      Riverfront Plaza-East Tower
      951 East Byrd Street
      Richmond, Virginia (VA) 23219-4074
      United States

The Other Appointed Attorney(s): Stephen P. Demm, Douglas W. Kenyon and Matthew E. Nigriny.

The phone number is 804-788-8772.

The fax number is 804-344-7999.

The email address is HWRITM@hunton.com.
The registrant's current Correspondence Information: John Gary Maynard, III of  Hunton & Williams LLP
      Riverfront Plaza-East Tower
      951 East Byrd Street
      Richmond, Virginia (VA) 23219-4074
      United States
The docket/reference number is 073598.0215.

The registrant's proposed Correspondence Information: John Gary Maynard, III of  Hunton & Williams LLP
      Riverfront Plaza-East Tower
      951 East Byrd Street
      Richmond, Virginia (VA) 23219-4074
      United States



The phone number is 804-788-8772.

The fax number is 804-344-7999.

The email address is HWRITM@hunton.com.

A fee payment in the amount of $1500 will be submitted with the form, representing payment for 3 class(es), plus any additional grace period fee, if necessary.

Declaration


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


The signatory being 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 submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

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


Signature: /Nathan C. Prater/      Date: 04/16/2014
Signatory's Name: Nathan C. Prater
Signatory's Position: Attoreny

Mailing Address (current):
   Hunton & Williams LLP
   951 East Byrd Street
   Richmond, Virginia 23219-4074

Mailing Address (proposed):
   Hunton & Williams LLP
   951 East Byrd Street
   Richmond, Virginia 23219-4074

Serial Number: 76075608
Internet Transmission Date: Fri Apr 18 09:18:00 EDT 2014
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.X-2014041809180
0404301-2839382-5009d9c549a939e102e6b54a
157856fe9e555a5014223d5c411ee9d1d689e870
c1-DA-8030-20140416151516904109