Extension of Time to File SOU

PTO Form 1581 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

---

PTO Form 1581 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 11/30/2008)

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: 365 EVERYDAY VALUE (stylized and/or with design)
SERIAL NUMBER: 76497244

The applicant, WHOLE FOODS MARKET IP, L.P., having an address of 550 Bowie Street, 6th Floor, Austin, Texas United States 78703, 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 06/08/2004.

For International Class: 030, 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.

For International Class: 031, 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.

For International Class: 032, 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.

For International Class: 033, 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.

For International Class: 003, 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.

For International Class: 004, 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.

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.

For International Class: 016, 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.

For International Class: 021, 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.

For International Class: 029, 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 second 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: product or service research development.

The applicant hereby appoints Christopher L. Graff 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 WFM.0463A1US.

A fee payment in the amount of $1500 will be submitted with the form, representing payment for 10 classes.


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: /Roberta L. Lang/      Date Signed: 06/03/2005
Signatory's Name: Roberta Lang
Signatory's Position: President

RAM Sale Number: 1120
RAM Accounting Date: 06/03/2005

Serial Number: 76497244
Internet Transmission Date: Fri Jun 03 11:18:21 EDT 2005
TEAS Stamp: USPTO/ESU-XX.XXX.XXX.XX-2005060311182191
2072-76497244-25096456c4cdb24723ee674992
c92b55a-DA-1120-20050603110305399757