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: 2867352
REGISTRATION DATE: 07/27/2004

MARK: OPTIBERRY

The owner, InterHealth Nutraceuticals, a corporation of California, having an address of
      5451 Industrial Way
      Benicia, California 94510
      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, 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: chemical compositions, namely, a nutritional ingredient used in the manufacture of nutritional products in bulk powder extract, tablet, capsule, gel, powder and liquid form and formulated into food and drinks ; 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) image of label.
Specimen File1

For International Class 005, 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: nutritional ingredient in the nature of an additive sold as a component of nutritional supplements in bulk powder extract, tablet, capsule, gel, powder and liquid form and formulated into dietary drink mixes for use 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) image of product label.
Specimen File1
The registrant's current Attorney Information: Michael R. Graham of  Marshall, Gerstein & Borun LLP
      Suite 6300
      233 South Wacker Drive
      Chicago, Illinois (IL) 60606
      United States


The registrant's proposed Attorney Information: Marsha K. Hoover of  Marshall, Gerstein & Borun LLP
      Suite 6300
      233 South Wacker Drive
      Chicago, Illinois (IL) 60606
      United States
The docket/reference number is 31174/60012.
The Other Appointed Attorney(s): Richard M. LaBarge.

The phone number is 312-474-6300.

The fax number is 312-474-0448.

The email address is docket@marshallip.com.
The registrant's current Correspondence Information: Michael R. Graham of  Marshall, Gerstein & Borun LLP
      Suite 6300
      233 South Wacker Drive
      Chicago, Illinois (IL) 60606
      United States


The registrant's proposed Correspondence Information: Marsha K. Hoover of  Marshall, Gerstein & Borun LLP
      Suite 6300
      233 South Wacker Drive
      Chicago, Illinois (IL) 60606
      United States
The docket/reference number is 31174/60012.


The phone number is 312-474-6300.

The fax number is 312-474-0448.

The email address is docket@marshallip.com.

A fee payment in the amount of $1000 will be submitted with the form, representing payment for 2 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: /Paul Dijkstra/      Date: 05/16/2014
Signatory's Name: Paul Dijkstra
Signatory's Position: Chief Executive Officer

Mailing Address (current):
   Marshall, Gerstein & Borun LLP
   233 South Wacker Drive
   Chicago, Illinois 60606

Mailing Address (proposed):
   Marshall, Gerstein & Borun LLP
   233 South Wacker Drive
   Chicago, Illinois 60606

Serial Number: 76406462
Internet Transmission Date: Fri May 16 12:00:05 EDT 2014
TEAS Stamp: USPTO/S08N09-XX.XXX.XX.X-201405161200055
03792-2867352-50028c4d98e396d8b1e9e745f3
176f2ce4a78acb8765a25362242349e4926a777-
CC-8362-20140508153148832828