Extension of Time to File SOU

PTO- 1581

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1581

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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

To the Commissioner for Trademarks:

MARK: FIT IN GOOD (see, http://uspto.report/TM/88092359/mark.png)
SERIAL NUMBER: 88092359

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Danone US, LLC, having an address of
      1 Maple Avenue
      White Plains, New York 10605
      United States
      Email: XXXX
Proposed: Danone US, LLC, having an address of
      1 Maple Avenue
      White Plains, New York 10605
      United States
      Phone:
      Fax:
      Email: XXXX

The owner 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 03/12/2019.

For International Class 029:
Current identification: Yogurt and yogurt-based beverages; dairy-based beverages; non-dairy yogurt; plant-based yogurt substitutes; nut-based yogurt substitutes; plant-based food beverages used as dairy milk substitutes; nut-based food beverages used as dairy milk substitutes; milk substitute-based beverages

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 032:
Current identification: Fruit-based beverages with yogurt; smoothies; fruit juices and fruit drinks; soft drinks; fruit-based beverages with non-dairy yogurt; plant-based beverages not being milk substitutes, namely, soy-based beverages not being milk substitutes, coconut-based beverages not being milk substitutes, and non-alcoholic rice-based beverages not being milk substitutes; nut-based drinks not being milk substitutes

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 fourth 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 ; market research

Correspondence Information (current):
      ANN K. FORD
      PRIMARY EMAIL FOR CORRESPONDENCE: dctrademarks@dlapiper.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Correspondence Information (proposed):
      ANN K. FORD
      PRIMARY EMAIL FOR CORRESPONDENCE: dctrademarks@dlapiper.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED


Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).





A fee payment in the amount of $250 will be submitted with the form, representing payment for 2 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: /David M. Kramer/      Date Signed: 03/12/2021
Signatory's Name: David M. Kramer
Signatory's Position: Attorney of record, District of Columbia bar member
Signatory's Phone: 202-799-4000
Signature method: Sent to third party for signature

PAYMENT: 88092359
PAYMENT DATE: 03/12/2021

Serial Number: 88092359
Internet Transmission Date: Fri Mar 12 11:51:40 ET 2021
TEAS Stamp: USPTO/ESU-XX.XXX.X.X-2021031211514021912
7-88092359-77063833b9fffb13554ab198bd13a
1c0962fd2841645a5fff156687fafea2350-DA-5
1382133-20210312113928192579