Extension of Time to File SOU

PTO Form 1581 (Rev 9/2005)

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

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PTO Form 1581 (Rev 9/2005)

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

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: LEMON (stylized and/or with design)
SERIAL NUMBER: 77172168

The applicant, Bigelow Merchandising, LLC, having an address of
      Three Limited Parkway
      Columbus, Ohio 43230
      United States
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 08/19/2008.

For International Class 003:
Current identification: Personal care products, namely, after shave, after shave balm, after shave lotion, alum block for use after shaving, antiperspirant, astringent for the face, cosmetic astringent for the face and skin, bath additives, namely, bath gel, bath oil, non-medicated bath soaks, blush, facial and skin cleansers, body cream, body lotion, skin moisturizer, body and beauty care preparations, namely, non-medicated body ointments and salve, body scrub, body wash, cleansing cream, cold cream, cologne, cosmetics, dentifrice, deodorants for personal use, depilatories, dusting powder, essential oils for personal use, eye cream, eye gel, eyeliner, eye shadow, face cleanser, face cream, face gel, face lotion, face mask, face mist, face moisturizer, face powder, face scrub, non-medicated face serum, face toner, face wash, non-medicated foot cream, non-medicated foot powder, non-medicated foot salve, fragrances for personal use, hair bleaches, hair conditioner, hair detangler, hair pomade, hair shampoo, hair styling preparations, hair waxes, hand cleanser, hand cream, hand lotion, lip balm, lip buffer, lip exfoliator, non-medicated lip care preparations, lip shine, lip stick, liquid cleansers for the face and skin, make up remover, mascara, massage cream, massage oil, non-medicated mouthwash, nail cream, nail polish, nail salve, non-medicated nose balm, perfume, post sun tanning cream, post sun tanning lotion, pumice stone for personal use, scented room spray, non-medicated body salve, namely, rose salve, toilet water, namely, rose water, shaving balm, shaving cream, shaving gel, shave lather, shower gel, skin cream, skin lotion, skin tonic, soap, non-medicated sun care preparations, talcum powder, medicated soaps, and aloe-vera gel for cosmetic purposes

This filing does notcover this specific class. This entire classis either to be permanently deletedfrom the application OR processed according to a separately filed Statement of Use and Request to Divide.


For International Class 005:
Current identification: Acne treatment preparations, aloe-vera gel for therapeutic purposes, anti-itch lotion, anti-itch cream, anti-itch ointment, antiseptic gel, aspirin, medicated blemish pads, blemish treatments, namely, acne treatment preparations, medicated body lotion, medicated chest balm, medicated cold sore treatment preparations, cough and cold treatment preparations, dandruff shampoo, medicinal elixirs and ingestibles for the treatment of cough, cold, flu and indigestion, medicated foot powder, insect repellant, liniment oil spray, liniments, medicated lip salve, medicated throat and cough lozenges, mentholated body lotion, medicated mouthwash, nutritional supplements, nutritionally fortified beverages, styptic pencil, vitamins

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 for this specific class.


The applicant has submitted a Request to Divide in paper or is filing a Request to Divide as part of the TEAS Allegation of Use form. This is the second 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: product or service research or development


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 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: /Lori Slawinski/      Date Signed: 08/06/2009
Signatory's Name: Lori Slawinski
Signatory's Position: Assistant Secretary

RAM Sale Number: 9633
RAM Accounting Date: 08/06/2009

Serial Number: 77172168
Internet Transmission Date: Thu Aug 06 11:57:47 EDT 2009
TEAS Stamp: USPTO/ESU-XX.XX.XXX.XXX-2009080611574741
6002-77172168-4406bcdae8cf1fbced7234792e
3853d61a-DA-9633-20090806115612997119