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) |
Request for Extension of Time to File a Statement of Use
(15 U.S.C. Section 1051(d))
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85814042 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION |
MARK |
MCCAIN (stylized and/or with design) |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
OWNER SECTION |
NAME |
MCCAIN FOODS LIMITED |
STREET |
8800 MAIN STREET, FLORENCEVILLE-BRISTOL |
CITY |
NEW BRUNSWICK |
ZIP/POSTAL CODE |
E7L1B2 |
COUNTRY |
Canada |
GOODS AND/OR SERVICES SECTION |
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 |
GOODS OR SERVICES |
KEEP ALL LISTED |
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 |
GOODS OR SERVICES |
KEEP ALL LISTED |
INTERNATIONAL CLASS |
031 |
CURRENT IDENTIFICATION |
Fresh potatoes, baby potatoes, and sweet potatoes |
GOODS OR SERVICES |
KEEP ALL LISTED |
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 |
GOODS OR SERVICES |
KEEP ALL LISTED |
EXTENSION SECTION |
EXTENSION NUMBER |
3 |
ONGOING EFFORT |
product or service research or development |
ALLOWANCE MAIL DATE |
08/22/2017 |
STATEMENT OF USE |
NO |
PAYMENT SECTION |
NUMBER OF CLASSES |
4 |
SUBTOTAL AMOUNT [EXTENSION FEE] |
500 |
TOTAL AMOUNT |
500 |
SIGNATURE SECTION |
SIGNATURE |
/Paul H. Kochanski/ |
SIGNATORY'S NAME |
PAUL H. KOCHANSKI |
SIGNATORY'S POSITION |
Attorney of Record, New Jersey Bar Member |
DATE SIGNED |
02/22/2019 |
SIGNATORY'S PHONE NUMBER |
908-654-5000 |
FILING INFORMATION |
SUBMIT DATE |
Fri Feb 22 15:09:13 EST 2019 |
TEAS STAMP |
USPTO/ESU-XXX.XXX.XX.XXX-
20190222150913909351-8581
4042-62079daa93aded6c45d6
7f37dc9eb62fd3831ab5a7a47
6a131dc67e8e3234f5e1-CC-1
530-20190222113336800280 |
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 third 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/services covered by the extension
request: product or service research or development
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: 02/22/2019
Signatory's Name: PAUL H. KOCHANSKI
Signatory's Position: Attorney of Record, New Jersey Bar Member
Signatory's Phone: 908-654-5000
RAM Sale Number: 85814042
RAM Accounting Date: 02/25/2019
Serial Number: 85814042
Internet Transmission Date: Fri Feb 22 15:09:13 EST 2019
TEAS Stamp: USPTO/ESU-XXX.XXX.XX.XXX-201902221509139
09351-85814042-62079daa93aded6c45d67f37d
c9eb62fd3831ab5a7a476a131dc67e8e3234f5e1
-CC-1530-20190222113336800280