Statement of Use

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 1553 (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 1553 (Rev 09/2005)

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

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

To the Commissioner for Trademarks:
MARK: SHOPKO(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87340313/large)
SERIAL NUMBER: 87340313
An Extension of Time form is being filed with the Allegation of Use.



The applicant, Shopko Stores Operating Co., LLC, having an address of
      700 Pilgrim Way
      Green Bay, Wisconsin 54304
      United States
      920-429-7428
      920-429-7401
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 003:
Current identification: Dish care, namely, dish detergent and dishwasher liquid detergent; laundry detergent; laundry care additives for water softening; light duty cleaning liquids, namely, window cleaner, kitchen counter surface cleaner, bleach containing surface cleaner for household use; flooring cleaner; air care, namely, air fragrancing preparations in the nature of gel beads and gel cones, air fragrancing spray preparations, reed diffusers comprised of scented oils and also including reeds and a diffuser container, essential oils, and room fragrancing preparations sold in wall plug-in apparatus

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 004:
Current identification: Candles

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 005:
Current identification: Stomach aids, namely, antacids; eye care, namely, eye drops, contact lens solutions, medicated eye ointments; medicated foot care preparations, namely, foot powders, lotions, and ointments; smoking cessation aids, namely, smoking cessation preparations; cough drops; denture aids, namely, denture adhesives; first aid, namely, adhesive bandages, gauze, medical adhesive tape, medicinal alcohol, medicinal hydrogen peroxide, antibacterial ointments and sprays

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 009:
Current identification: Alkaline batteries; battery chargers; lithium batteries; lantern batteries; medical/hearing aid batteries; watch batteries; calculator batteries; zinc batteries

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 010:
Current identification: Hearing aids; incontinence bed pads

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: hearing aids

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: incontinence bed pads
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/24/2017, and first used in commerce at least as early as 09/24/2017, 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) photo of packaging for the good bearing the mark.
Specimen File1
Specimen File2
Specimen File3


For International Class 011:
Current identification: Flashlights

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 016:
Current identification: Home and office supplies, namely, binders, note paper, paper notebooks; mailing supplies, namely, envelopes, postage stamps; office organizers, namely, desktop organizers, organizers for stationery use; paper supplies, namely, stencil paper, bond paper; writing instruments

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 021:
Current identification: Mops and brooms

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 025:
Current identification: Insoles

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 08/30/2000, and first used in commerce at least as early as 08/30/2000, 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) A screenshot of applicant's website showing the mark as displayed in connection with the goods.

Original PDF file:
SPN8-20622321130-20180416095455946935_._Insoles_screen_shot.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 029:
Current identification: Shortening; cooking oil; canned soup; canned vegetables; canned cooked meat; dried fruit-based snacks; prepared nuts; dried beans; peanut butter; jellies for food; boxed sides comprised of cooked vegetables; prepared boxed entrees consisting primarily of meat, fish, poultry or vegetables; potato chips

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 030:
Current identification: Candy; breakfast cereal bars; breakfast cereal; cookies; crackers; popcorn; salty snacks, namely, pretzels; salad dressing; rice; pasta sauce; pasta; boxed meals consisting primarily of pasta or rice; food condiment consisting of ketchup and salsa; mixes for making baking batters; flour; baking ingredients, namely, baking powders, baking spices, and confectionery chips; coffee; hot chocolate

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 032:
Current identification: Soda pops; carbonated non-alcoholic drinks; non-carbonated drinks, namely, tea and lemonade; bottled water; fruit juice; vegetable juice

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Incontinence bed pads (Class 010); Class 025
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 003; Class 005; Class 021; Class 029; Class 030; Class 032

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

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, 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 all the goods/services/collective membership organization in the application or 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 all goods/services in the application or 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	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.
	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 the application or submission or any registration resulting therefrom, 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: /s/      Date Signed: 04/17/2018
Signatory's Name: SUSAN BUCKNA
Signatory's Position: VP ASSOCIATE GENERAL COUNSEL
Signatory's Phone: (920) 429-7428

Request to Divide Signature


Signature: /s/    Date: 04/17/2018
Signatory's Name: Susan A Buckna
Signatory's Position: VP Assoc General Counsel

Signatory's Phone: (920) 429-7428


RAM Sale Number: 87340313
RAM Accounting Date: 04/17/2018

Serial Number: 87340313
Internet Transmission Date: Tue Apr 17 13:42:55 EDT 2018
TEAS Stamp: USPTO/SOU-XXX.XXX.XX.XXX-201804171342555
59298-87340313-510d59823773a90c03cb94d6c
abd14d99c95dc56ea6c44ed29ad8baa626913465
-CC-12751-20180416164907571994