Extension of Time to File SOU

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)

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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 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: AMERICAN PLANT FOOD (stylized and/or with design, see http://uspto.report/TM/88225392/mark.png)
SERIAL NUMBER: 88225392

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: American Plant Food Corporation, having an address of
      P.O. Box 584
      Galena Park, Texas 77547
      United States
      Email: XXXX
Proposed: American Plant Food Corporation, having an address of
      P.O. Box 584
      Galena Park, Texas 77547
      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 07/09/2019.

For International Class 001:
Current identification: Fertilizers; Plant 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.


For International Class 035:
Current identification: Distributorship, retail store and wholesale store services featuring fertilizers and plant 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.


For International Class 040:
Current identification: Manufacturing of fertilizers and plant food for others; Technical support services, namely, providing technical advice related to the manufacture and production of fertilizers and plant 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

Correspondence Information (current):
      Terrell R. Miller
      PRIMARY EMAIL FOR CORRESPONDENCE: IPDocketing@foley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tlechnerfish@foley.com; sfelde@foley.com; hhamilton@foley.com

Correspondence Information (proposed):
      Terrell R. Miller
      PRIMARY EMAIL FOR CORRESPONDENCE: IPDocketing@foley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tlechnerfish@foley.com; sfelde@foley.com; hhamilton@foley.com


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 $375 will be submitted with the form, representing payment for 3 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: /Terrell R. Miller/      Date Signed: 12/04/2020
Signatory's Name: Terrell R. Miller
Signatory's Position: Attorney of record, Texas bar member

RAM Sale Number: 88225392
RAM Accounting Date: 12/07/2020

Serial Number: 88225392
Internet Transmission Date: Mon Dec 07 12:57:07 ET 2020
TEAS Stamp: USPTO/ESU-XXX.XX.XX.X-202012071257074226
13-88225392-750fe68d1bc93b85f36319336af7
38693154a5413678e2269827dd2352fcd1f026-C
C-57053980-20201204125410323680