Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: PET SHOPPE (stylized and/or with design)
SERIAL NUMBER: 76687663
An Extension of Time form is being filed with the Allegation of Use.

The applicant, Walgreen Co., having an address of
      200 Wilmot Road
      Deerfield, Illinois 60015
      United States
is submitting the following allegation of use information:

For International Class 018:
Current identification: Pet accessories, namely, pet clothing, collars for pets, pet leashes

This allegation of use does NOT cover the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods or services are either being permanently deleted or included in a Request to Divide: pet clothing

The mark is in use in commerce on or in connection with the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Pet accessories, namely, collars for pets, pet leashes
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/09/2005, and first used in commerce at least as early as 05/09/2005, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) A copy of product packaging depicting the mark as used in International Class 18.

Original PDF file:
SPN0-637319969-160853422_._PET_SHOPPE_-_Sample_of_Mark_-_Cl._18_-_Leash.pdf
Converted PDF file(s) (2 pages)
Specimen File-1
Specimen File-2

For International Class 020:
Current identification: pet beds

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 08/20/2008, and first used in commerce at least as early as 08/20/2008, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) A copy of product labeling depicting the mark as used in International Class 20.

Original PDF file:
SPN1-637319969-160853422_._PET_SHOPPE_-_Sample_of_Mark_-_Cl._20_-_Pet_Bed.pdf
Converted PDF file(s) (1 page)
Specimen File-1

For International Class 028:
Current identification: pet toys

This allegation of use does not cover this specific class. This entire class is either to be permanently deleted from the application OR processed according to a Request to Divide.


For International Class 031:
Current identification: Pet food; cat litter; kitty litter

This allegation of use does NOT cover the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods or services are either being permanently deleted or included in a Request to Divide: Cat litter; kitty litter

The mark is in use in commerce on or in connection with the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Pet food
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/06/2008, and first used in commerce at least as early as 09/06/2008, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Copy of product packaging depicting the mark as used in International Class 31.

Original PDF file:
SPN3-637319969-160853422_._PET_SHOPPE_-_Sample_fo_Mark_-_Cl._31_-_Pet_Food.pdf
Converted PDF file(s) (1 page)
Specimen File-1

For International Class 035:
Current identification: Retail stores services featuring pet supplies

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/28/2008, and first used in commerce at least as early as 06/28/2008, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Copy of an advertisement depicting the mark as used in International Class 35.

Original PDF file:
SPN4-637319969-160853422_._PET_SHOPPE_-_Sample_of_Mark_-_Cl._35_-_Ad_Page.pdf
Converted PDF file(s) (1 page)
Specimen File-1

The applicant is not filing a Request to Divide with this Allegation of Use form.


A fee payment in the amount of $400 will be submitted with the form, representing payment for the allegation of use for 4 classes.


Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark 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 undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the form is being filed under 15 U.S.C. Section 1126(d) or (e), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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: /cary m. pumphrey/      Date Signed: 04/24/2009
Signatory's Name: Cary M. Pumphrey
Signatory's Position: Attorney, Intellectual Property, Walgreen Co.

RAM Sale Number: 2299
RAM Accounting Date: 04/27/2009

Serial Number: 76687663
Internet Transmission Date: Fri Apr 24 16:17:56 EDT 2009
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20090424161756287
990-76687663-44049da11559c41e368e78363e0
a568a15a-CC-2299-20090424160853422581