PR-Section 8

PTO Form 1563 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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PTO Form 1563 (Rev 5/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 3267319
REGISTRATION DATE: 07/24/2007

MARK: COOL WHEELS

The owner, Rita's Water Ice Franchise Company, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      1210 Northbrook Drive
      Trevose, Pennsylvania 19053
      United States
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 035, 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: Mobile vending services for water ice and frozen confections ; 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) signage used in the offering of the mobile vending services.
Specimen File1
The registrant's current Attorney Information: Francis J. Duffin of  WIGGIN AND DANA LLP
      P.O. BOX 1832
      ONE CENTURY TOWER
      NEW HAVEN, Connecticut (CT) 06508-1832
      United States


The registrant's proposed Attorney Information: Francis J. Duffin of  WIGGIN AND DANA LLP
      ONE CENTURY TOWER, P.O. BOX 1832
      NEW HAVEN, Connecticut (CT) 06508-1832
      United States
The docket/reference number is 203920/US001.
The Other Appointed Attorney(s): Patrick F. Nevins and all duly-admitted attorneys with the firm of Wiggin and Dana LLP.

The phone number is 203.498.4347.

The fax number is 203.782.2889.

The email address is fduffin@wiggin.com.
The registrant's current Correspondence Information: FRANCIS J. DUFFIN of  WIGGIN AND DANA LLP
      P.O. BOX 1832
      ONE CENTURY TOWER
      NEW HAVEN, Connecticut (CT) 06508-1832
      United States


The registrant's proposed Correspondence Information: FRANCIS J. DUFFIN of  WIGGIN AND DANA LLP
      ONE CENTURY TOWER, P.O. BOX 1832
      NEW HAVEN, Connecticut (CT) 06508-1832
      United States
The docket/reference number is 203920/US001.


The phone number is 203.498.4347.

The fax number is 203.782.2889.

The email address is fduffin@wiggin.com;trademarkdocketing@wiggin.com; pbushnell@wiggin.com.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods and/or 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 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: /Jonathan Fornaci/      Date: 07/30/2012
Signatory's Name: Jonathan Fornaci
Signatory's Position: President and Chief Executive Officer

Mailing Address (current):
   WIGGIN AND DANA LLP
   ONE CENTURY TOWER
   NEW HAVEN, Connecticut 06508-1832

Mailing Address (proposed):
   WIGGIN AND DANA LLP
   ONE CENTURY TOWER, P.O. BOX 1832
   NEW HAVEN, Connecticut 06508-1832

Serial Number: 77005430
Internet Transmission Date: Mon Jul 30 14:15:05 EDT 2012
TEAS Stamp: USPTO/SECT08-XX.XX.XXX.XXX-2012073014150
5856685-3267319-490ff10ce72b3812c6ebf35f
379e49c368-DA-511-20120730140743201192