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: 2665432
REGISTRATION DATE: 12/24/2002

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 029, 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:  chicken and dumplings; vegetable oil based grill cooking sprays; black pudding

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: Applesauce; processed cherries; maraschino cherries; prepared frozen entrees consisting primarily of meat, fish, poultry, or vegetables; fruit-based fillings for cakes and pies; meat; luncheon meat; sausages; fish, in general, for food purposes; tuna fish; salmon for food purposes; baked beans; refried beans; processed beans; chili with and without beans; frozen onion rings; potato chips; roasted nuts; processed nuts; fruit-based snack foods; canned fruit cocktails; fruit salads; vegetables salads; olive oil; vegetable oil; cooking oil; vegetable oil based cooking sprays; shortening; processed peppers; eggs; egg substitute; cranberry sauce; non-dairy creamer; dairy based whipped topping; whipping cream; gherkins; pickles; processed fruits and vegetables, in general; processed olives; processed onions; processed mushrooms; French fried potatoes; instant potatoes; processed potatoes; processed tomatoes; sauerkraut; cheese spreads; apple butter; butter, margarine; tomato paste; cream cheese; soups; soup mixes; bouillon; condensed, dry, and evaporated milk for food 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 photograph of product.
Specimen File1

For International Class 030, 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:  muffins; tostada shells; food starch; snack mix consisting primarily of popped popcorn; pot pies

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: Cakes; brownies; cookies; breakfast cereals; toaster tarts; Danish pastries; bread rolls; bagels; waffles; bread; biscuits; corn meal; pancake mixes; cake mixes; mixes for making bakery goods; dry muffin mix; dry brownie mix; dry mixes containing rice; spice packs containing rice; seasoned mixes containing rice; spice mixes for use in making rice; rice; salt; pasta; chow-mein noodles; pasta salad; flavored sweetened gelatin desserts; taco shells; tortillas; corn starch for food purposes; baking soda; baking powder; flour; dough; cookie dough; confectionery flavored chips for baking; stuffing mixes containing bread; honey; sugar; sugar substitutes; hominy; gravy; vinegar; mayonnaise; ketchup; mustard; relish; marshmallow creme topping; marshmallows; frostings; tomato sauce; hot sauce; chili sauce; Sloppy Joe sauce; sauces; spices; dried chili peppers for use as a seasoning; chocolate covered nuts; cereal-based snack foods; granola based snack bars; snack mix consisting primarily of crackers, pretzels, and/or candied nuts; frozen confections; fruit pies; frozen pizza; pizza crust; pizza crust mix; prepared pie shells and crusts; prepared frozen entrees consisting primarily of pasta or rice

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 032, 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:  frozen iced tea

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: Spring water; drinking water; fruit drinks; fruit juices; fruit punch; vegetable juice beverages; lemonade; tomato juice beverages

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 061148-0269012.
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 061148-0269012.


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: 03/30/2012
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: 76190440
Internet Transmission Date: Fri Mar 30 14:08:40 EDT 2012
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.XX-201203301408
40428802-2665432-49020cd281ad93b1c7d1fdc
439f7314e4fb-DA-432-20120330134121851555