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: 2673940
REGISTRATION DATE: 01/14/2003

MARK: KROGER

The owner, Kroger Co. of Michigan, The, 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 003, 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:  aloe vera gels for cosmetic use, namely, for bath, eyes, and styling; shaving lotions; hair shampoo; hair shampoo and conditioners combinations; hair conditioners; personal deodorants; baby shampoo; baby lotion; baby oil; baby powder

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: Skin soap; anti-bacterial soap; deodorant soap; liquid soaps for hands, face, and body; bath foam; aloe vera gels for cosmetic use, namely, for skin and shower; self-tanning lotions; sun tan lotion; after-sun lotions; sun block preparations; sun block; sun tan oil; pre-shaving lotions; tooth paste; mouthwash; non-medicated mouthwash and gargle; denture cleaning preparations; body lotions; facial cleansers; facial creams; face creams; pre-moistened cosmetic towelettes; body oil containing vitamin E; non-medicated foot powder; cotton for cosmetic purposes; pumice stones for personal use; nail buffing preparations; emery boards; nail polish remover; all purpose cotton swabs for personal use; baby wipes

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 photo of product.
Specimen File1

For International Class 005, 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:  medicated ointment for treatment of diaper rash; diet pills; athlete`s foot powder; medicated lip balm; incontinence bed pads; throat lozenges; bronchial dilators; electrolytes; infant formula; baby food;; medical dental rinse; and pills to aid in the digestion of dairy products

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: Hand sanitizer for household use; suppositories; anti-fungal medicated cream; enema preparations; eye drops; eye washes; contact lens cleaning solutions; hemorrhoid treatment preparations cream; hydrogen peroxide for medical use; rubbing alcohol; alcohol for topical use; cotton swabs for medical use containing alcohol; witch hazel; Epson salts; antibiotic ointments; topical analgesics; topical allergy medications; douches; feminine hygiene pads; panty liners; tampons; pregnancy test kits for home use; antibiotic creams; gels for use as personal lubricants; anti-itch lotion; hydrocortisone cream; lice treatment preparations; gauze pads; medical adhesive tape; adhesive bandages; gauze; medicated foot powder; corn and callus creams; dandruff shampoo; medicated hair care preparations; incontinence pads and garments; vitamin and mineral supplements; herbal supplements; preparations for treating colds and coughs; cough syrups; expectorants; cough drops; oral allergy medications; antihistamines; decongestant capsules; nasal spray preparations; petroleum jelly medical purposes; antacids; laxatives; oral analgesics; pain relief medication; aspirin; sleep pills and tablets; anti-sleeping pills

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 photo of product.
Specimen File1

For International Class 008, 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: Nail files; nail scissors; cuticle scissors; eyelash curlers; tweezers; nail clippers; razor blades and razors ; 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) digital photo of product.
Specimen File1

For International Class 010, 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:  baby nursing pads; baby bottle liners; lancets

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: External nasal dilators, namely, nasal strips; thermometers for medical purposes

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 photo of product.
Specimen File1

For International Class 021, 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: Non-electric toothbrushes; and dental floss ; 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) digital photo of product.
Specimen File1

For International Class 025, 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: shoe insole cushions ; 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) digital photo of product.
Specimen File1
The registrant's current Attorney Information: Richard L. Kirkpatrick of  PILLSBURY WINTHROP SHAW PITTMAN LLP
      P.O. BOX 2824
      CALENDAR/DOCKETING DEPARTMENT
      SAN FRANCISCO, California (CA) 94126-2824
      United States


The registrant's proposed Attorney Information: Laura C. Gustafson of  PILLSBURY WINTHROP SHAW PITTMAN LLP
      Calendar/Docketing Department
      P.O. Box 2824
      SAN FRANCISCO, California (CA) 94126-2824
      United States
The docket/reference number is 061148-0269195.
The Other Appointed Attorney(s): Richard L. Kirkpatrick, Robert B. Burlingame, and all members of Pillsbury Winthrop Shaw Pittman LLP, and all other attorneys associated with the firm.

The phone number is 415-983-6318.

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 2824
      CALENDAR/DOCKETING DEPARTMENT
      SAN FRANCISCO, California (CA) 94126-2824
      United States


The registrant's proposed Correspondence Information: Laura C. Gustafson of  PILLSBURY WINTHROP SHAW PITTMAN LLP
      Calendar/Docketing Department
      P.O. Box 2824
      SAN FRANCISCO, California (CA) 94126-2824
      United States
The docket/reference number is 061148-0269195.


The phone number is 415-983-6318.

The fax number is 415-983-1200.

The email address is sftrademarks@pillsburylaw.com.

A fee payment in the amount of $3000 will be submitted with the form, representing payment for 6 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: /Laura C. Gustafson/      Date: 12/19/2012
Signatory's Name: Laura C. Gustafson
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 415-983-6318

Mailing Address (current):
   PILLSBURY WINTHROP SHAW PITTMAN LLP
   CALENDAR/DOCKETING DEPARTMENT
   SAN FRANCISCO, California 94126-2824

Mailing Address (proposed):
   PILLSBURY WINTHROP SHAW PITTMAN LLP
   P.O. Box 2824
   SAN FRANCISCO, California 94126-2824

Serial Number: 76189920
Internet Transmission Date: Wed Dec 19 20:36:44 EST 2012
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.XX-201212192036
44714684-2673940-490da169af0619522f8c491
a3914a19a-DA-13416-20121219203344053807