Extension of Time to File SOU

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 1581 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1581 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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

To the Commissioner for Trademarks:

MARK: MCCAIN (stylized and/or with design)
SERIAL NUMBER: 85814042

The applicant, MCCAIN FOODS LIMITED, having an address of
      8800 MAIN STREET, FLORENCEVILLE-BRISTOL
      NEW BRUNSWICK, E7L1B2
      Canada
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 08/22/2017.

For International Class 029:
Current identification: Processed potato and potato products, namely, mashed, dried, instant, baby potatoes; processed potato specialties, namely, crisps, chips, potato skins and shells, stuffed potato skins and shells, potato puffs, potato croquettes, instant potato flakes, mashed potato mix and peeled potatoes; snack foods, namely, meat, fish, poultry, meat extracts, fruit, vegetables, egg, cheese, and potato based snack foods; snack foods made from vegetables, meat, fish, poultry, cheese, and potato, namely, hash brown sticks, breaded and battered onion straws, breaded and battered vegetables, battered cheese, cheese sticks, pates and seafood mousses; appetizers, namely, meat, fish, poultry, meat extracts, fruits, vegetables, egg, cheese, and potato based appetizers; appetizers made from vegetables, meat, fish, poultry, cheese, and potato, namely, hash brown sticks, breaded and battered onion rings and straws, breaded and battered vegetables, battered cheese, cheese sticks, pates and seafood mousses; dips, namely, meat, seafood, and vegetable based dips, dairy based dips, and snack food dips; fruits and vegetables, namely, frozen, chilled, dehydrated, battered and processed fruits and vegetables; frozen prepared meals, namely, frozen or chilled prepared meals containing or consisting primarily of vegetables, meat, poultry, potatoes, eggs, cheese, fish, or seafood; potato pancakes; hash brown; breakfast patties containing primarily eggs and also containing meat, vegetables or cheese; prepared meals and entrees, namely, prepared meals and entrees based on meat, fish, seafood, poultry, meat extracts, fruits, vegetables, eggs, potato, or cheese; and soups; chilled fresh potatoes, baby potatoes, and sweet potatoes; and packaged fresh potatoes, baby potatoes, and sweet potatoes

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 030:
Current identification: Pizza; snack foods, namely, cereal and rice based snack foods, namely, snack foods containing or consisting of dough, pasta, pastry, pizza, garlic bread and garlic fingers, and dough enrobed snack foods consisting of a dough-based wrapper with pizza filling; appetizers, namely, appetizers having a cereal and rice base, namely, appetizers containing or consisting of dough, pasta, pastry, pizza, garlic bread, and garlic fingers, and dough enrobed appetizers consisting of a dough-based wrapper with pizza fillings; frozen and prepared desserts, namely, bakery goods, bakery desserts, pies, cakes, pastries, French toast, waffles, fruit and ice cream pies, and frozen confections; frozen and prepared pastries; ice cream; frozen prepared meals, namely, meals containing or consisting primarily of pasta, pizza or rice; breakfasts foods, namely, French toast, pancakes, waffles, cereals, oatmeal and creamed wheat cereals; prepared sandwiches, namely, filled wraps and bread with filling; prepared meals and entrees, namely, cereal and rise based prepared meals and entrees, namely, entrees containing or consisting of pasta, pizza, rice, sandwiches, and dough enrobed entrees consisting of dough-based wrapper with pizza filling; and powders and mixes used in preparation of non-alcoholic tea beverages, soft drinks and smoothies; taquitos, spring rolls, quesadilla rolls, dumplings, samosas; frozen and prepared non-dairy desserts, namely, desserts made of fruits, frozen fruits, and fruit salad; appetizers made from vegetables, meat, fish, poultry, cheese, and potato, namely, taquitos, spring rolls, quesadilla rolls, dumplings, samosas; sauces used as dips

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 031:
Current identification: Fresh potatoes, baby potatoes, and sweet potatoes

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


For International Class 035:
Current identification: Food services, namely, wholesale distributorship services featuring foods for use in food service channels of trade, namely, services provided to retailers and wholesalers in providing foods for subsequent resale; and vending machine services featuring food

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


This is the first extension request.



A fee payment in the amount of $500 will be submitted with the form, representing payment for 4 classes.


Declaration

STATEMENTS: The signatory believes that: the applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified, or, if applicable, the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with all the goods/services/collective membership organization under Section 1(b) in the notice of allowance or as subsequently modified; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, members and concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

DECLARATION: 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 the application or submission or any resulting registration, declares 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: /Paul H. Kochanski/      Date Signed: 02/21/2018
Signatory's Name: PAUL H. KOCHANSKI
Signatory's Position: ATTORNEY OF RECORD, NJ BAR MEMBER
Signatory's Phone: 908.654.5000

RAM Sale Number: 85814042
RAM Accounting Date: 02/21/2018

Serial Number: 85814042
Internet Transmission Date: Wed Feb 21 09:30:58 EST 2018
TEAS Stamp: USPTO/ESU-XXX.XXX.XX.XXX-201802210930583
43259-85814042-5109fec55e78c9e2fdb68509f
a226747144d195cb613c7a5c7773eafca95dd1d-
CC-9920-20180221091530516307