Statement of Use

OP

LACTALIS US YOGURT, INC.

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86359351
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86359351/large
LITERAL ELEMENT OP
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
OWNER SECTION
NAME Stonyfield Farm, Inc.
STREET 10 Burton Drive
CITY Londonderry
STATE New Hampshire
ZIP/POSTAL CODE 03053
COUNTRY United States
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 005
CURRENT IDENTIFICATION Dietary and nutritional supplements
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 12/15/2014
FIRST USE IN COMMERCE DATE 12/15/2014
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN0-17316220449-20150713174645736119_._OP_Specimen_1__S0553945x7A7A4_.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT16\IMAGEOUT16\863\593\86359351\xml8\SOU0002.JPG
SPECIMEN DESCRIPTION image of mark on product
INTERNATIONAL CLASS 029
CURRENT IDENTIFICATION Dairy-based beverages
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 12/15/2014
FIRST USE IN COMMERCE DATE 12/15/2014
SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPN1-17316220449-20150713174645736119_._OP_Specimen_1__S0553945x7A7A4_.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT16\IMAGEOUT16\863\593\86359351\xml8\SOU0003.JPG
SPECIMEN DESCRIPTION image of mark on product
PAYMENT SECTION
NUMBER OF CLASSES IN USE 2
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 200
TOTAL AMOUNT 600
SIGNATURE SECTION
/Douglas G. Verge/
SIGNATORY'S NAME Douglas G. Verge
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 07/13/2015
SIGNATORY'S PHONE NUMBER (603) 627-8119
DECLARATION SIGNATURE /Douglas G. Verge/
SIGNATORY'S NAME Douglas G. Verge
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 07/13/2015
SIGNATORY'S PHONE NUMBER (603) 627-8119
FILING INFORMATION
SUBMIT DATE Mon Jul 13 18:02:00 EDT 2015
TEAS STAMP USPTO/PSE-XXX.XXX.XXX.XX-
20150713180200957788-8635
9351-54096868a52c2c8795ea
f041bae7cd30b298bc75a8375
8823bc2ab1421b295a22-DA-5
492-20150713174645736119



PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 10/31/2017)


Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))


To the Commissioner for Trademarks:
MARK: OP(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86359351/large)
SERIAL NUMBER: 86359351



The applicant, Stonyfield Farm, Inc., having an address of
      10 Burton Drive
      Londonderry, New Hampshire 03053
      United States
is submitting the following allegation of use information:

For International Class 005:
Current identification: Dietary and nutritional supplements

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/15/2014, and first used in commerce at least as early as 12/15/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) image of mark on product.

Original PDF file:
SPN0-17316220449-20150713174645736119_._OP_Specimen_1__S0553945x7A7A4_.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 029:
Current identification: Dairy-based beverages

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/15/2014, and first used in commerce at least as early as 12/15/2014, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) image of mark on product.

Original PDF file:
SPN1-17316220449-20150713174645736119_._OP_Specimen_1__S0553945x7A7A4_.pdf
Converted PDF file(s) (1 page)
Specimen File1



A fee payment in the amount of $100 will be

A fee payment in the amount of $300 will be

A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.


Declaration

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 registration resulting therefrom, 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.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a continued bona fide intention to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a continued bona fide intention to exercise legitimate control over the use of the mark in commerce in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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 registration resulting therefrom, 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.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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.


Signature: /Douglas G. Verge/      Date Signed: 07/13/2015
Signatory's Name: Douglas G. Verge
Signatory's Position: Attorney for Applicant
Signatory's Phone: (603) 627-8119

RAM Sale Number: 86359351
RAM Accounting Date: 07/14/2015

Serial Number: 86359351
Internet Transmission Date: Mon Jul 13 18:02:00 EDT 2015
TEAS Stamp: USPTO/PSE-XXX.XXX.XXX.XX-201507131802009
57788-86359351-54096868a52c2c8795eaf041b
ae7cd30b298bc75a83758823bc2ab1421b295a22
-DA-5492-20150713174645736119



Statement of Use [image/jpeg]

Statement of Use [image/jpeg]

Statement of Use [image/jpeg]


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