PR-Section 8

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1563 (Rev 05/2006)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1563 (Rev 05/2006)

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: 4075436
REGISTRATION DATE: 12/20/2011

MARK: (Stylized and/or with Design, CARB & SUGAR CONTROL (see, mark))

The owner, The Dannon Company, Inc., a corporation of Delaware, having an address of
      100 Hillside Avenue
      White Plains, New York 10603-2863
      United States
      dctrademarks@dlapiper.com (authorized)
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 029, this filing does NOT cover the following goods or services for this specific class listed in the registration, and these goods or services are to be permanently deleted from the registration:  dairy-based beverages

The mark is in use in commerce on or in connection with the following goods or services listed in the existing registration for this specific class; or, the owner is making the listed excusable nonuse claim: Dairy products, excluding ice cream, ice milk, and frozen yogurt

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) photographs of the offered goods depicting the mark.
Specimen File1
Specimen File2
The registrant's current Correspondence Information: Ann K. Ford of  DLA Piper LLP (US)
      500 Eighth Street, NW
      Washington, District of Columbia 20004
      United States
The phone number is 2027994000.
The fax number is 2027995000.
The email address is dctrademarks@dlapiper.com. (authorized)

The registrant's proposed Correspondence Information: Ann K. Ford of  DLA Piper LLP (US)
      500 Eighth Street, NW
      Washington, District of Columbia 20004
      United States
The email address is dctrademarks@dlapiper.com. (authorized)

A fee payment in the amount of $125 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/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s).
	Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, 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.

Signature: /Gina Omage/    Date: 12/19/2017
Signatory's Name: Gina Omage
Signatory's Position: Associate General Counsel

Serial Number: 78844571
Internet Transmission Date: Tue Dec 19 16:56:30 EST 2017
TEAS Stamp: USPTO/SECT08-XXX.XXX.XXX.XX-201712191656
30744138-4075436-5108e9152bb9b22bd0ce031
7b14c9ee747f2ead7cd8257272656b95c53317d7
6-CC-4630-20171218122134377255