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: 2673939
REGISTRATION DATE: 01/14/2003

MARK: KROGER

The owner, The Kroger Co. of Michigan, a corporation of Michigan, having an address of
      40399 Grand River Avenue
      Novi, Michigan 48375
      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 the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  Antifreeze; and unexposed camera film

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: Distilled water

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) digital photograph of product.
Specimen File1

For International Class 009, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  Protractors

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: Magnetically encoded pre-paid telephone calling cards; batteries; disposable cameras

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) digital photograph of product.
Specimen File1

For International Class 016, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  Non-magnetically encoded calling cards; stationery; erasers; pencils; pencil sharpeners; paper clips; binder clips; pencil grips; paper hole punches; drafting compasses including pencils; drafting rulers; corkboard pins; paper fasteners; paper staplers; staple removers; artists brushes; stencils; organizers for stationery use; glue for stationery or household use; adhesive tape dispenser for household or stationery use; vacuum cleaner bags

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: Paper filters for coffee makers; disposable diapers and disposable training pants

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) digital photograph of product.
Specimen File1
The registrant's current Attorney Information: Richard L. Kirkpatrick of  PILLSBURY WINTHROP SHAW PITTMAN LLP
      P.O. BOX 7880
      CALENDAR/DOCKETING DEPARTMENT
      SAN FRANCISCO, California (CA) 94120-7880
      United States


The registrant's proposed Attorney Information: Richard L. Kirkpatrick of  Pillsbury Winthrop Shaw Pittman LLP
      Calendar/Docketing Department
      P.O. Box 7880
      San Francisco, California (CA) 94120-7880
      United States
The docket/reference number is 061148-0269197.
The Other Appointed Attorney(s): Laura C. Gustafson, Robert B. Burlingame, and all members of Pillsbury Winthrop Shaw Pittman LLP, and all other attorneys associated with the firm.

The phone number is 415-983-1802.

The fax number is 415-983-1200.

The email address is sftrademarks@pillsburylaw.com.
The registrant's current Correspondence Information: RICHARD L. KIRKPATRICK of  PILLSBURY WINTHROP SHAW PITTMAN LLP
      P.O. BOX 7880
      CALENDAR/DOCKETING DEPARTMENT
      SAN FRANCISCO, California (CA) 94120-7880
      United States


The registrant's proposed Correspondence Information: RICHARD L. KIRKPATRICK of  Pillsbury Winthrop Shaw Pittman LLP
      Calendar/Docketing Department
      P.O. Box 7880
      San Francisco, California (CA) 94120-7880
      United States
The docket/reference number is 061148-0269197.


The phone number is 415-983-1802.

The fax number is 415-983-1200.

The email address is sftrademarks@pillsburylaw.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 and/or services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.


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.

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


Signature: /per Paul W. Heldman, Vice President and Secretary/      Date: 03/19/2012
Signatory's Name: Richard L. Kirkpatrick
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 415-983-1802

Mailing Address (current):
   PILLSBURY WINTHROP SHAW PITTMAN LLP
   CALENDAR/DOCKETING DEPARTMENT
   SAN FRANCISCO, California 94120-7880

Mailing Address (proposed):
   Pillsbury Winthrop Shaw Pittman LLP
   P.O. Box 7880
   San Francisco, California 94120-7880

Serial Number: 76189917
Internet Transmission Date: Mon Mar 19 14:12:09 EDT 2012
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.XX-201203191412
09990013-2673939-49064d8ee424f97bc82e1cc
61e574eafb-DA-389-20120319140058486339