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 10/31/2021)

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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 10/31/2021)

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

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 4478562
REGISTRATION DATE: 02/04/2014

MARK: BETTY

Current: The owner, BETTY BRAND INT'L, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      3675 NW 71ST STREET
      MIAMI, Florida 33147
      United States
      305-447-1617
      305-445-8484

Proposed: The owner, BETTY BRAND INT'L, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      3675 NW 71ST STREET
      MIAMI, Florida 33147
      United States
      305-447-1617
      305-445-8484
      XXXX
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 029, 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: condensed milk ; 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) a can of condensed milk featuring the BETTY brand.
Specimen File1

For International Class 032, 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: coconut milk ; 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) a Declaration of Excusable Non-Use.

Original PDF file:
SPN1-142147856-2020080422 3957912768_._4_Signed_rev _Declaration_of_Excusable _Non-use_under_37c.f.r_.pdf
Converted PDF file(s) (1 page)
Specimen File1

The following explanation of excusable nonuse has been made of record: Betty Brand Int'l, LLC was forced to find a new supplier in 2020. As attested to by one of the principals of the company in the attached declaration, Betty Brand Int'l, LLC has a new supplier and is expecting new product to arrive this coming Friday, August 7, 2020. Coconut milk bearing the trademark BETTY will be available for sale as soon as the product can be distributed.

The owner's/holder's current attorney information: William R. Trueba, Jr.. William R. Trueba, Jr. of Trueba & Suarez, PLLC, is located at

      9150 S. Dadeland Blvd., Suite 1008
      Miami, Florida 33156
      United States
The docket/reference number is 0068 Betty B.

The phone number is (305) 482-1001.

The fax number is (786) 516-2826.

The email address is trademarks@lex188.com

The owner's/holder's proposed attorney information: William R. Trueba, Jr.. Other appointed attorneys are Roberto M. Suarez, Darlene Barron. William R. Trueba, Jr. of Trueba & Suarez, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 1500
      9100 S. Dadeland Blvd.
      Miami, Florida 33156
      United States
The docket/reference number is 0068-0003.

The phone number is (305) 482-1001.

The fax number is (786) 516-2826.

The email address is trademarks@lex188.com

William R. Trueba, Jr. submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      William R. Trueba, Jr.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@lex188.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 0068 Betty B.
Correspondence Information (proposed):
      William R. Trueba, Jr.
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@lex188.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 0068-0003.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $450 will be submitted with the form, representing payment for 2 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: /William R. Trueba, Jr./    Date: 08/04/2020
Signatory's Name: William R. Trueba, Jr.
Signatory's Position: Attorney of Record, Florida Bar Member
Signatory's Phone: 3054821001

Mailing Address (current):
   Trueba & Suarez, PLLC
   9150 S. Dadeland Blvd., Suite 1008
   Miami, Florida 33156

Mailing Address (proposed):
   Trueba & Suarez, PLLC
   9100 S. Dadeland Blvd.
   Miami, Florida 33156

Serial Number: 85554915
Internet Transmission Date: Tue Aug 04 23:09:39 ET 2020
TEAS Stamp: USPTO/SECT08-XXX.XXX.X.XX-20200804230939
074201-4478562-74016284f25a96be3483b8348
cef5c752a9b797e1fca9ba66367d53da8c54529f
-CC-09378134-20200804223957912768