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)

---

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: 4492670
REGISTRATION DATE: 03/04/2014

MARK: BANANA BITES

Current: The owner, DIANA'S BANANAS, LLC, a limited liability company legally organized under the laws of Illinois, having an address of
      2733 W. HARRISON ST.
      CHICAGO, Illinois 60612
      United States

Proposed: The owner, DIANA'S BANANAS, LLC, a limited liability company legally organized under the laws of Illinois, having an address of
      1560 N. SANDBURG TERRACE #3612
      CHICAGO, Illinois 60610
      United States
      XXXX
is filing a Declaration of Use and/or Excusable Nonuse of Mark in Commerce under Section 8.

For International Class 030, 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: frozen confections, namely, chocolate dipped bananas ; 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) Screenshots of the Applicant's webpages showing the mark used on packaging for the goods.

Original PDF file:
SPN0-6386185130-202002251 62306914830_._Specimens.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

The owner's/holder's current attorney information: Robert S. Rigg. Robert S. Rigg of VEDDER PRICE PC, is located at

      222 North LaSalle Street - 25th Floor
      CHICAGO, Illinois 60601
      United States
The docket/reference number is 41903000006.

The phone number is 312-609-7766.

The fax number is (312) 609-5005.

The email address is rrigg@vedderprice.com

The owner's/holder's proposed attorney information: Robert S. Rigg. Other appointed attorneys are David L. Bernard, Angelo J. Bufalino, John K. Burke, Allison M. Haas, Sudip Mitra, Daniel H. Shulman, Michael J. Turgeon. Robert S. Rigg of VEDDER PRICE PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      222 North LaSalle Street - 25th Floor
      CHICAGO, Illinois 60601
      United States
The docket/reference number is 41903000006.

The phone number is 312-609-7766.

The fax number is (312) 609-5005.

The email address is rrigg@vedderprice.com

Robert S. Rigg 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):
      Robert S. Rigg
      PRIMARY EMAIL FOR CORRESPONDENCE: rrigg@vedderprice.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ablekhman@vedderprice.com; ipdocket@vedderprice.com; abufalino@vedderprice.com

The docket/reference number is 41903000006.

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: /Robert S. Rigg/    Date: 03/03/2020
Signatory's Name: Robert S. Rigg
Signatory's Position: Attorney of record, Illinois Bar member
Signatory's Phone: 312-609-7766

Mailing Address (current):
   VEDDER PRICE PC
   222 North LaSalle Street - 25th Floor
   CHICAGO, Illinois 60601

Mailing Address (proposed):
   VEDDER PRICE PC
   222 North LaSalle Street - 25th Floor
   CHICAGO, Illinois 60601

Serial Number: 85680633
Internet Transmission Date: Tue Mar 03 17:42:03 ET 2020
TEAS Stamp: USPTO/SECT08-XX.XX.XXX.XXX-2020030317420
3914086-4492670-710acc9d20127ae0ee421dea
4295c0fe684f23d8989c9644afd8c1cfc8eadb41
-DA-42039617-20200303173922467639