Extension of Time to File SOU

REAL-FRESH

AFP ADVANCED FOOD PRODUCTS LLC

Extension Statement of Use Filing

PTO Form 1581 (Rev 4/2000)
OMB Control #0651-0009 (Exp. 06/30/2005)

Extension Statement of Use Filing


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76209042
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION
MARK REAL-FRESH
OWNER SECTION (current)
NAME Real Fresh, Inc.
STREET 1211 East Noble Avenue
CITY Visalia
STATE CA
ZIP/POSTAL CODE 93292
COUNTRY US
OWNER SECTION (proposed)
NAME AFP advanced food products llc
STREET 402 S. Custer Avenue
CITY New Holland
STATE PA
ZIP/POSTAL CODE 17557
COUNTRY US
ATTORNEY SECTION
NAME Brian E. Turung
FIRM NAME Fay, Sharpe, Fagan, Minnich & McKee
STREET 1100 Superior Avenue, Seventh Floor
CITY Cleveland
STATE OH
ZIP/POSTAL CODE 44114-2579
COUNTRY USA
PHONE 216-861-5582
FAX 216-241-1666
DOCKET NUMBER BAFP 5 13116 Cl. 5
OTHER APPOINTED ATTORNEY Robert V. Vickers
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 005
KEEP EXISTING GOODS AND/OR SERVICES YES
EXTENSION SECTION
EXTENSION NUMBER 3
ONGOING EFFORT Applicant has maintained, at least since the filing of the Trademark Application, an ongoing effort to make use of the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance. The mark is not yet in use because Applicant is continuing to develop the goods and/or services, and/or conduct market and/or product research in connection with the goods and/or services on which the subject mark is to be used.
ALLOWANCE MAIL DATE 12/31/2002
STATEMENT OF USE NO
PAYMENT SECTION
NUMBER OF CLASSES 1
SUBTOTAL AMOUNT 150
TOTAL AMOUNT 150
SIGNATURE SECTION
SIGNATURE /Brian E. Turung/
SIGNATORY NAME Brian E. Turung
SIGNATORY DATE 06/29/2004
SIGNATORY POSITION Attorney for Applicant
FILING INFORMATION
SUBMIT DATE Tue Jun 29 11:23:22 EDT 2004
TEAS STAMP USPTO/ESU-XXX.XX.XXX.X-20
040629112322262040-762090
42-20047ad3a4fdf7e293f35f
ef2a2f8bd758-DA-840-20040
629112229436090



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: REAL-FRESH
SERIAL NUMBER: 76209042

The applicant, AFP advanced food products llc, residing at 402 S. Custer Avenue, New Holland, PA US 17557, 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 12/31/2002.

For International Class: 005, 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 third 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 has maintained, at least since the filing of the Trademark Application, an ongoing effort to make use of the mark in commerce on or in connection with all of the goods and/or services listed in the Notice of Allowance. The mark is not yet in use because Applicant is continuing to develop the goods and/or services, and/or conduct market and/or product research in connection with the goods and/or services on which the subject mark is to be used..

The applicant hereby appoints Brian E. Turung and Robert V. Vickers of  Fay, Sharpe, Fagan, Minnich & McKee, 1100 Superior Avenue, Seventh Floor, Cleveland, OH USA 44114-2579 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 BAFP 5 13116 Cl. 5.

A fee payment in the amount of $150 will be submitted with the form, representing payment for 1 class.


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: /Brian E. Turung/      Date: 06/29/2004
Signatory's Name: Brian E. Turung
Signatory's Position: Attorney for Applicant

Mailing Address:
   Fay, Sharpe, Fagan, Minnich & McKee
   1100 Superior Avenue, Seventh Floor
   Cleveland, OH 44114-2579

RAM Sale Number: 840
RAM Accounting Date: 06/29/2004

Serial Number: 76209042
Internet Transmission Date: Tue Jun 29 11:23:22 EDT 2004
TEAS Stamp: USPTO/ESU-XXX.XX.XXX.X-20040629112322262
040-76209042-20047ad3a4fdf7e293f35fef2a2
f8bd758-DA-840-20040629112229436090


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