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
The table below presents the data as entered.
Input Field
|
Entered
|
REGISTRATION NUMBER |
2876622 |
REGISTRATION DATE |
08/24/2004 |
SERIAL NUMBER |
76528199 |
MARK SECTION |
MARK |
FOOD LION |
ATTORNEY SECTION (new) |
NAME |
John Gary Maynard, III |
FIRM NAME |
Hunton & Williams LLP |
INTERNAL ADDRESS |
Riverfront Plaza - East Tower |
STREET |
951 East Byrd Street |
CITY |
Richmond |
STATE |
Virginia |
POSTAL CODE |
23219-4074 |
COUNTRY |
United States |
PHONE |
804-788-8772 |
FAX |
804-344-7999 |
EMAIL |
HWRITM@hunton.com |
AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
OTHER APPOINTED ATTORNEY |
Stephen P. Demm, Douglas W. Kenyon and Matthew E. Nigriny |
CORRESPONDENCE SECTION (current) |
FIRM NAME |
FL FOOD LION, INC. |
STREET |
2110 EXECUTIVE DRIVE |
CITY |
SALISBURY |
STATE |
North Carolina |
POSTAL CODE |
28144 |
COUNTRY |
United States |
CORRESPONDENCE SECTION (proposed) |
NAME |
John Gary Maynard, III |
FIRM NAME |
Hunton & Williams LLP |
INTERNAL ADDRESS |
Riverfront Plaza - East Tower |
STREET |
951 East Byrd Street |
CITY |
Richmond |
STATE |
Virginia |
POSTAL CODE |
23219-4074 |
COUNTRY |
United States |
PHONE |
804-788-8772 |
FAX |
804-344-7999 |
EMAIL |
HWRITM@hunton.com |
AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
GOODS AND/OR SERVICES SECTION |
INTERNATIONAL CLASS |
029 |
GOODS OR SERVICES |
frankfurters made of beef, chicken or pork; prepared packaged mashed potatoes; taco dinner kit consisting of hard or soft taco shells, seasoning
and sauce; canned vegetables, namely, sweet peas; canned mixed fruit; canned diced peaches; chicken, namely, flavored ready-to-cook chicken snack wings |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\765\281\76528199\xml1\ S890002.JPG |
SPECIMEN DESCRIPTION |
Photograph of the mark on the goods |
INTERNATIONAL CLASS |
030 |
GOODS OR SERVICES |
seasoned coating for meat and poultry; enchilada sauce; jellied cranberry sauce; candy, namely, gummi worms |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\765\281\76528199\xml1\ S890003.JPG |
SPECIMEN DESCRIPTION |
Photograph of the mark on the goods |
OWNER SECTION (current) |
NAME |
DZA BRANDS, LLC |
STREET |
2110 EXECUTIVE DRIVE |
CITY |
SALISBURY |
STATE |
North Carolina |
ZIP/POSTAL CODE |
28147 |
COUNTRY |
United States |
LEGAL ENTITY SECTION (current) |
TYPE |
limited liability company |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Florida |
LEGAL ENTITY SECTION (proposed) |
TYPE |
limited liability company |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Florida |
PAYMENT SECTION |
NUMBER OF CLASSES |
2 |
NUMBER OF CLASSES PAID |
2 |
SUBTOTAL AMOUNT |
1000 |
TOTAL FEE PAID |
1000 |
SIGNATURE SECTION |
SIGNATURE |
/nathan c. prater/ |
SIGNATORY'S NAME |
Nathan C. Prater |
SIGNATORY'S POSITION |
Asst. Gen. Counsel |
DATE SIGNED |
07/09/2014 |
PAYMENT METHOD |
DA |
FILING INFORMATION |
SUBMIT DATE |
Thu Jul 10 09:33:32 EDT 2014 |
TEAS STAMP |
USPTO/S08N09-XXX.XXX.XXX.
X-20140710093332538488-28
76622-5001b29658ed8a15c18
66d68fa75a77a746ca9d2f15f
1bdca155fa2e57825-DA-6799
-20140709102014012478 |
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: 2876622
REGISTRATION DATE: 08/24/2004
MARK: FOOD LION
The owner, DZA BRANDS, LLC, a limited liability company legally organized under the laws of Florida, having an address of
2110 EXECUTIVE DRIVE
SALISBURY, North Carolina 28147
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 029, 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: frankfurters made of beef, chicken or pork; prepared packaged mashed potatoes; taco dinner kit consisting of hard or soft taco shells, seasoning and
sauce; canned vegetables, namely, sweet peas; canned mixed fruit; canned diced peaches; chicken, namely, flavored ready-to-cook chicken snack wings ; 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) Photograph of the mark on the goods.
Specimen File1
For International Class 030, 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: seasoned coating for meat and poultry; enchilada sauce; jellied cranberry sauce; candy, namely, gummi worms ; 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) Photograph of the mark on the goods.
Specimen File1
The registrant's current Correspondence Information: of FL FOOD LION, INC.
2110 EXECUTIVE DRIVE
SALISBURY, North Carolina (NC) 28144
United States
The registrant's proposed Correspondence Information: John Gary Maynard, III of Hunton & Williams LLP
Riverfront Plaza - East Tower
951 East Byrd Street
Richmond, Virginia (VA) 23219-4074
United States
The phone number is 804-788-8772.
The fax number is 804-344-7999.
The email address is HWRITM@hunton.com.
The registrant hereby appoints John Gary Maynard, III and Stephen P. Demm, Douglas W. Kenyon and Matthew E. Nigriny of Hunton & Williams LLP
Riverfront Plaza - East Tower
951 East Byrd Street
Richmond, Virginia 23219-4074
United States
to submit this Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9 on behalf of the registrant.
The phone number is 804-788-8772.
The fax number is 804-344-7999.
The email address is HWRITM@hunton.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: /nathan c. prater/ Date: 07/09/2014
Signatory's Name: Nathan C. Prater
Signatory's Position: Asst. Gen. Counsel
Mailing Address:
Hunton & Williams LLP
951 East Byrd Street
Richmond, Virginia 23219-4074
Serial Number: 76528199
Internet Transmission Date: Thu Jul 10 09:33:32 EDT 2014
TEAS Stamp: USPTO/S08N09-XXX.XXX.XXX.X-2014071009333
2538488-2876622-5001b29658ed8a15c1866d68
fa75a77a746ca9d2f15f1bdca155fa2e57825-DA
-6799-20140709102014012478