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: 2766598
REGISTRATION DATE: 09/23/2003

MARK: FRITO LAY

The owner, FRITO-LAY NORTH AMERICA, INC., a corporation of Delaware, having an address of
      7701 LEGACY DRIVE
      PLANO, Texas 75024
      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 018, 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: ALL-PURPOSE SPORT BAGS, DUFFLE BAGS, BACKPACKS, UMBRELLAS, BRIEFCASES, LUGGAGE TAGS, AND LEATHER KEY CHAINS ; 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 photograph of product displaying the mark as sold in commerce.
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: CLOTHING, NAMELY, SHIRTS, HATS, JACKETS, FLEECE PULLOVERS, AND SWEATSHIRTS ; 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 photograph of product displaying the mark as sold in commerce.
Specimen File1

For International Class 028, 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:  GOLF 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: STRESS TOYS, NAMELY, SQUEEZABLE POTATO-SHAPED TOYS USED FOR HAND EXERCISE; SPORTING GOODS, NAMELY, GOLF BALLS

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 displaying the mark as sold in commerce.
Specimen File1
The registrant's current Attorney Information: Jeanette S. Zimmer of  FRITO LAY NORTH AMERICA, INC.
      3A-421
      7701 LEGACY DR
      PLANO, Texas (TX) 75024
      United States


The registrant's proposed Attorney Information: Jeanette S. Zimmer of  PEPSICO, INC.
      3A-421
      7701 LEGACY DR
      PLANO, Texas (TX) 75024
      United States

The Other Appointed Attorney(s): Janet Silverberg and Elizabeth N. Bilus.

The phone number is 972-334-2587.

The email address is trademarks@pepsico.com.
The registrant's current Correspondence Information: Jeanette S. Zimmer of  FRITO LAY NORTH AMERICA, INC.
      3A-421
      7701 LEGACY DR
      PLANO, Texas (TX) 75024
      United States


The registrant's proposed Correspondence Information: Jeanette S. Zimmer of  PEPSICO, INC.
      3A-421
      7701 LEGACY DR
      PLANO, Texas (TX) 75024
      United States



The phone number is 972-334-2587.

The email address is trademarks@pepsico.com.

A fee payment in the amount of $2100 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: /Jeanette S. Zimmer/      Date: 09/26/2013
Signatory's Name: Jeanette S. Zimmer
Signatory's Position: Attorney of record, IL bar member
Signatory's Phone Number: 972-334-2587

Mailing Address (current):
   FRITO LAY NORTH AMERICA, INC.
   7701 LEGACY DR
   PLANO, Texas 75024

Mailing Address (proposed):
   PEPSICO, INC.
   7701 LEGACY DR
   PLANO, Texas 75024

Serial Number: 76458924
Internet Transmission Date: Thu Sep 26 13:11:06 EDT 2013
TEAS Stamp: USPTO/S08N09-XXX.XXX.XX.XXX-201309261311
06092303-2766598-500557990daa8378f672bbb
d9245ab93d66c2a417d62cd4ddc9fcc2f409aba1
01b-DA-18172-20130924154501354226