| PTO Form 1581 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
SOU Extension Request
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76499847 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
| MARK SECTION |
| STANDARD CHARACTERS |
NO |
| LITERAL ELEMENT |
365 EVERYDAY VALUE |
| OWNER SECTION (no change) |
| ATTORNEY SECTION (current) |
| NAME |
Christopher L. Graff |
| DOCKET NUMBER |
503320.16001 |
| ATTORNEY SECTION (proposed) |
| NAME |
Christopher L. Graff |
| DOCKET NUMBER |
WFM.0460A6US |
| GOODS AND/OR SERVICES SECTION |
| INTERNATIONAL CLASS |
029 |
| GOODS AND/OR SERVICES |
KEEP ALL LISTED, EXCEPT soy-based food beverages used as a milk substitute, margarine, vegetable- or soy-based burger patties, chili, bean dip, and tofu; cranberry sauce and apple
sauce |
| EXTENSION SECTION |
| EXTENSION NUMBER |
3 |
| ONGOING EFFORT |
The applicant believes that it has made valid use of the mark in commerce, as evidenced by the Statement of Use, but that if the Statement is found to be defective by the PTO,
applicant will require additional time to file a new Statement of Use |
| ALLOWANCE MAIL DATE |
06/01/2004 |
| STATEMENT OF USE |
YES |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| SUBTOTAL AMOUNT |
150 |
| TOTAL AMOUNT |
150 |
| SIGNATURE SECTION |
| SIGNATURE |
/Roberta L. Lang/ |
| SIGNATORY NAME |
Roberta Lang |
| SIGNATORY POSITION |
President |
| DATE SIGNED |
11/30/2005 |
| FILING INFORMATION |
| SUBMIT DATE |
Wed Nov 30 16:06:30 EST 2005 |
| TEAS STAMP |
USPTO/ESU-XX.XXX.XXX.XXX-
20051130160630809390-7649
9847-3202d5d91b1ec2bf08a9
d4f061d17b1668-DA-288-200
51130154210350368 |
| 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
SERIAL NUMBER: 76499847
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 06/01/2004.
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, except the following, which must be deleted: soy-based food beverages used as a milk substitute, margarine,
vegetable- or soy-based burger patties, chili, bean dip, and tofu; cranberry sauce and apple sauce.
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: The applicant believes that it has made valid use of the mark in commerce, as evidenced by the Statement of Use, but that if the Statement is found to be defective by the PTO,
applicant will require additional time to file a new Statement of Use.
A Statement of Use is being submitted along with the Extension request as evidence that applicant believes that it has made valid use of the mark in commerce. If the USPTO finds the Statement
of Use to be fatally defective, the applicant requests additional time to file an amended or substitute Statement of Use.
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.0460A6US.
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: /Roberta L. Lang/ Date Signed: 11/30/2005
Signatory's Name: Roberta Lang
Signatory's Position: President
RAM Sale Number: 288
RAM Accounting Date: 12/01/2005
Serial Number: 76499847
Internet Transmission Date: Wed Nov 30 16:06:30 EST 2005
TEAS Stamp: USPTO/ESU-XX.XXX.XXX.XXX-200511301606308
09390-76499847-3202d5d91b1ec2bf08a9d4f06
1d17b1668-DA-288-20051130154210350368