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: DANONINO (stylized and/or with design)
SERIAL NUMBER: 77000265

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, COMPAGNIE GERVAIS DANONE, having an address of 17 boulevard Haussmann, Paris, France 75009, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 029:
Current identification: Milk, milk powder, gelled and flavored milk, whipped dairy topping; milk products, namely, yogurt drinks, yogurt-based mousses, milk-based mousses, cream, dairy creams, fresh cream, butter, plain or flavored beverages composed mainly of milk or milk products, milky beverages mainly made of milk, milky beverages comprising fruit; plain and flavored fermented milk; snack foods namely, dairy-based snack foods, excluding ice cream, ice milk, and frozen yogurt; cheese-based snack food; cheeses, cheese spread, ripened cheeses, ripened cheeses with mould, unmatured fresh cheeses and cheeses in brine, cottage cheese, fresh cheeses sold either in liquid or in paste form; yogurt cheeses; yogurt

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: Milk, milk powder, gelled and flavored milk, whipped dairy topping; milk products, namely, yogurt drinks, yogurt-based mousses, milk-based mousses, cream, dairy creams, fresh cream, butter, plain or flavored beverages composed mainly of milk or milk products, milky beverages mainly made of milk, milky beverages comprising fruit; plain and flavored fermented milk; snack foods namely, dairy-based snack foods, excluding ice cream, ice milk, and frozen yogurt; cheese-based snack food; cheeses, cheese spread, ripened cheeses, ripened cheeses with mould, unmatured fresh cheeses and cheeses in brine, cottage cheese, fresh cheeses sold either in liquid or in paste form; yogurt cheeses.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: yogurt. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/01/2008, and first used in commerce at least as early as 06/01/2008, 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) scanned packaging for the goods.
Specimen File1

For International Class 030:
Current identification: Coffee, tea, cocoa, chocolate, coffee-based beverages, cocoa-based beverages, chocolate-based beverages, sugar, rice, puffed rice, tapioca and flours, sweet or salted tarts and pies, pizzas; plain or flavored and/or filled pasta, preparations made of cereals, namely, processed cereals, cereal-based snack foods, ready to eat, cereal derived food bars, breakfast cereals; ready-made dishes essentially comprising pasta; dishes essentially made up of tart pastry; bread, rusks, sweet or savory biscuits; wafers, waffles, cakes, pastries, all these products being plain and/or coated and/or filled and/or flavored; sweet or salted appetizers comprising bread, biscuit or pastry dough; confectionery products, namely, candy, chocolate, confectionery chips for baking, crystal sugar pieces, confectionery ices, namely, fruit jellies, peanut butter confectionery chips; edible ices, edible ices essentially made of yogurt, ice creams, water ices, frozen yogurts, flavored ice; honey, salt mustard, vinegar, sauces, condiments, sweet sauces, pasta sauces, spices

This entire class is to either be deleted from the application OR processed according to a separately filed Request to Divide.


For International Class 032:
Current identification: Mineral or non-mineral still or sparkling water, fruit or vegetable juices, fruit or vegetable drinks, lemonades, sodas, sorbet drinks, preparations for making fruit drinks, syrups for making soft drinks, non-alcoholic fruit and vegetable extracts used in the preparation of beverages, alcohol-free drinks comprising lactic fermenting agents

This entire class is to either be deleted from the application OR processed according to a separately filed Request to Divide.



A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration



Signature

Signatory's Name: Jerome Buscail
Signatory's Position: Proxy Holder

RAM Sale Number: 1932
RAM Accounting Date: 12/03/2008

Serial Number: 77000265
Internet Transmission Date: Tue Dec 02 16:46:54 EST 2008
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XX-2008120216465498
7720-77000265-400ff88bfada2a7e789cd8d884
1a4c98b-CC-1932-20081202163848775537