Amendment to Allege Use

HOLIDAY

HOLIDAY STATIONSTORES LLC

Trademark/Service Mark Amendment to Allege 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)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88123849
LAW OFFICE ASSIGNED LAW OFFICE 119
EXTENSION OF USE NO
MARK SECTION
MARK http://uspto.report/TM/88123849/mark.png
LITERAL ELEMENT HOLIDAY
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.
MISCELLANEOUS STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant is filing a divisional application for the purpose of permitting Classes 1, 29, and 32 to proceed to publication. Class 30, although in use, is currently subject to a 2d refusal and will remain in the parent application.
OWNER SECTION
NAME HOLIDAY STATIONSTORES LLC
STREET 4567 American Boulevard West
CITY Bloomington
STATE Minnesota
ZIP/POSTAL CODE 55437
COUNTRY United States
ATTORNEY SECTION (current)
NAME Brent E. Routman
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME MERCHANT & GOULD P.C.
STREET P.O. BOX 2910
CITY MINNEAPOLIS
STATE Minnesota
POSTAL CODE 55402
COUNTRY United States
PHONE 612-332-5300
FAX 612-332-9081
EMAIL dockmpls@merchantgould.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 4816.126US01
ATTORNEY SECTION (proposed)
NAME Brent E. Routman
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Merchant & Gould, P.C.
INTERNAL ADDRESS P.O. Box 2910
STREET 150 South 5th Street, Suite 2200
CITY MINNEAPOLIS
STATE Minnesota
POSTAL CODE 55402-0910
COUNTRY United States
PHONE 612-336-4619
FAX 612-332-9081
EMAIL broutman@merchantgould.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 4816.126US01
OTHER APPOINTED ATTORNEY Andrew S. Ehard, Scott W. Johnston, Christopher J. Schulte, Brian H. Batzli, Gregory C. Golla, Danielle I. Mattessich, Dana P. Jozefczyk and all other attorneys at the firm of Merchant & Gould P.C.
CORRESPONDENCE SECTION (current)
NAME BRENT E. ROUTMAN
FIRM NAME MERCHANT & GOULD P.C.
STREET P.O. BOX 2910
CITY MINNEAPOLIS
STATE Minnesota
POSTAL CODE 55402
COUNTRY United States
PHONE 612-332-5300
FAX 612-332-9081
EMAIL dockmpls@merchantgould.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 4816.126US01
CORRESPONDENCE SECTION (proposed)
NAME BRENT E. ROUTMAN
FIRM NAME Merchant & Gould, P.C.
INTERNAL ADDRESS P.O. Box 2910
STREET 150 South 5th Street, Suite 2200
CITY MINNEAPOLIS
STATE Minnesota
POSTAL CODE 55402-0910
COUNTRY United States
PHONE 612-336-4619
FAX 612-332-9081
EMAIL broutman@merchantgould.com; dockmpls@merchantgould.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 4816.126US01
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 001
CURRENT IDENTIFICATION Transmission fluid; windshield deicer fluid
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 08/01/2008
FIRST USE IN COMMERCE DATE 08/01/2008
SPECIMEN FILE NAME(S) \\TICRS\EXPORT17\IMAGEOUT 17\881\238\88123849\xml8\ AAU0002.JPG
SPECIMEN DESCRIPTION A picture of the goods showing the mark.
INTERNATIONAL CLASS 029
CURRENT IDENTIFICATION Trail Mix Consisting Primarily of Processed Nuts, Seeds, Dried Fruit, and Chocolate; Fresh cut vegetables, garden salads and salad kits comprised primarily of mixed garden salad and salad dressing; Beef Jerky; Milk
GOODS OR SERVICES DELETED FROM THE APPLICATION OR INCLUDED IN A REQUEST TO DIVIDE Trail Mix Consisting Primarily of Processed Nuts, Seeds, Dried Fruit, and Chocolate
GOODS OR SERVICES IN USE IN COMMERCE Fresh cut vegetables, garden salads and salad kits comprised primarily of mixed garden salad and salad dressing; Beef Jerky; Milk
FIRST USE ANYWHERE DATE 01/01/2016
FIRST USE IN COMMERCE DATE 01/01/2016
SPECIMEN FILE NAME(S) \\TICRS\EXPORT17\IMAGEOUT 17\881\238\88123849\xml8\ AAU0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\881\238\88123849\xml8\ AAU0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\881\238\88123849\xml8\ AAU0005.JPG
SPECIMEN DESCRIPTION A picture of the goods showing the mark.
INTERNATIONAL CLASS 030
CURRENT IDENTIFICATION Prepared sandwiches, pizza, hot Dog sandwiches, cookies, bakery goods, all for consumption on or off premises
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 12/31/2014
FIRST USE IN COMMERCE DATE 12/31/2014
SPECIMEN FILE NAME(S) \\TICRS\EXPORT17\IMAGEOUT 17\881\238\88123849\xml8\ AAU0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\881\238\88123849\xml8\ AAU0007.JPG
SPECIMEN DESCRIPTION A picture of the goods showing the mark.
INTERNATIONAL CLASS 032
CURRENT IDENTIFICATION Fruit juices and fruit drinks; Bottled water
GOODS OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 01/01/2016
FIRST USE IN COMMERCE DATE 01/01/2016
SPECIMEN FILE NAME(S) \\TICRS\EXPORT17\IMAGEOUT 17\881\238\88123849\xml8\ AAU0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT 17\881\238\88123849\xml8\ AAU0009.JPG
SPECIMEN DESCRIPTION A picture of the goods showing the mark.
REQUEST TO DIVIDE YES
GOOD(S)/SERVICE(S) IN USE 1, 29, 30, and 32
GOOD(S)/SERVICES INTENT TO USE None.
PAYMENT SECTION
NUMBER OF CLASSES IN USE 4
SUBTOTAL AMOUNT [ALLEGATION OF USE FEE] 400
REQUEST TO DIVIDE FEE 100
TOTAL AMOUNT 500
SIGNATURE SECTION
DECLARATION SIGNATURE /ber/
SIGNATORY'S NAME Brent E. Routman
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 01/14/2020
SIGNATORY'S PHONE NUMBER 6123364619
REQUEST TO DIVIDE SIGNATURE /ber/
SIGNATORY'S NAME Brent E. Routman
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 01/14/2020
SIGNATORY'S PHONE NUMBER 6123364619
AUTHORIZED SIGNATORY YES
FILING INFORMATION
SUBMIT DATE Tue Jan 14 14:47:56 EST 2020
TEAS STAMP USPTO/AAU-XX.XXX.XXX.XX-2
0200114144756589942-88123
849-70085b466a029f4cd8ecf
eb1a1c3bb6db4f34417d82d44
d0128f771bee9ab6c1-DA-475
63709-2020011414363228375
4



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 Amendment to Allege Use
(15 U.S.C. Section 1051(c))


To the Commissioner for Trademarks:
MARK: HOLIDAY(Standard Characters, see http://uspto.report/TM/88123849/mark.png)
SERIAL NUMBER: 88123849



The applicant, HOLIDAY STATIONSTORES LLC, having an address of
      4567 American Boulevard West
      Bloomington, Minnesota 55437
      United States
is submitting the following allegation of use information:

For International Class 001:
Current identification: Transmission fluid; windshield deicer fluid

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 08/01/2008, and first used in commerce at least as early as 08/01/2008, 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 picture of the goods showing the mark..
Specimen File1


For International Class 029:
Current identification: Trail Mix Consisting Primarily of Processed Nuts, Seeds, Dried Fruit, and Chocolate; Fresh cut vegetables, garden salads and salad kits comprised primarily of mixed garden salad and salad dressing; Beef Jerky; Milk

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: Trail Mix Consisting Primarily of Processed Nuts, Seeds, Dried Fruit, and Chocolate

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: Fresh cut vegetables, garden salads and salad kits comprised primarily of mixed garden salad and salad dressing; Beef Jerky; Milk
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/01/2016, and first used in commerce at least as early as 01/01/2016, 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 picture of the goods showing the mark..
Specimen File1
Specimen File2
Specimen File3


For International Class 030:
Current identification: Prepared sandwiches, pizza, hot Dog sandwiches, cookies, bakery goods, all for consumption on or off premises

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 12/31/2014, and first used in commerce at least as early as 12/31/2014, 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) A picture of the goods showing the mark..
Specimen File1
Specimen File2


For International Class 032:
Current identification: Fruit juices and fruit drinks; Bottled water

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 01/01/2016, and first used in commerce at least as early as 01/01/2016, 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 picture of the goods showing the mark..
Specimen File1
Specimen File2


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: 1, 29, 30, and 32
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: None.
MISCELLANEOUS STATEMENTS
Applicant is filing a divisional application for the purpose of permitting Classes 1, 29, and 32 to proceed to publication. Class 30, although in use, is currently subject to a 2d refusal and will remain in the parent application.


The applicant's current attorney information: Brent E. Routman. Brent E. Routman of MERCHANT & GOULD P.C., is located at

      P.O. BOX 2910
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 4816.126US01.

The phone number is 612-332-5300.

The fax number is 612-332-9081.

The email address is dockmpls@merchantgould.com

The applicants proposed attorney information: Brent E. Routman. Other appointed attorneys are Andrew S. Ehard, Scott W. Johnston, Christopher J. Schulte, Brian H. Batzli, Gregory C. Golla, Danielle I. Mattessich, Dana P. Jozefczyk and all other attorneys at the firm of Merchant & Gould P.C.. Brent E. Routman of Merchant & Gould, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. Box 2910
      150 South 5th Street, Suite 2200
      MINNEAPOLIS, Minnesota 55402-0910
      United States
The docket/reference number is 4816.126US01.

The phone number is 612-336-4619.

The fax number is 612-332-9081.

The email address is broutman@merchantgould.com

Brent E. Routman submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: BRENT E. ROUTMAN. BRENT E. ROUTMAN of MERCHANT & GOULD P.C., is located at

      P.O. BOX 2910
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 4816.126US01.

The phone number is 612-332-5300.

The fax number is 612-332-9081.

The email address is dockmpls@merchantgould.com

The applicants proposed correspondence information: BRENT E. ROUTMAN. BRENT E. ROUTMAN of Merchant & Gould, P.C., is located at

      P.O. Box 2910
      150 South 5th Street, Suite 2200
      MINNEAPOLIS, Minnesota 55402-0910
      United States
The docket/reference number is 4816.126US01.

The phone number is 612-336-4619.

The fax number is 612-332-9081.

The email address is broutman@merchantgould.com; dockmpls@merchantgould.com

A fee payment in the amount of $400 will be submitted with the form, representing payment for the allegation of use for 4 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: /ber/      Date Signed: 01/14/2020
Signatory's Name: Brent E. Routman
Signatory's Position: Attorney for Applicant
Signatory's Phone: 6123364619

Request to Divide Signature


Signature: /ber/    Date: 01/14/2020
Signatory's Name: Brent E. Routman
Signatory's Position: Attorney for Applicant

Signatory's Phone: 6123364619

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.


Mailing Address:
   Merchant & Gould, P.C.
   P.O. Box 2910
   150 South 5th Street, Suite 2200
   MINNEAPOLIS, Minnesota 55402-0910

RAM Sale Number: 88123849
RAM Accounting Date: 01/14/2020

Serial Number: 88123849
Internet Transmission Date: Tue Jan 14 14:47:56 EST 2020
TEAS Stamp: USPTO/AAU-XX.XXX.XXX.XX-2020011414475658
9942-88123849-70085b466a029f4cd8ecfeb1a1
c3bb6db4f34417d82d44d0128f771bee9ab6c1-D
A-47563709-20200114143632283754



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