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: PENGUIN FOOD DRINKS DRIVE-IN (stylized and/or with design, see http://uspto.report/TM/88233902/mark.png)
SERIAL NUMBER: 88233902

The applicant, H. Martin Sprock III, having an address of
      600 Queen Street
      Charlotte, North Carolina 28207
      United States
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 07/23/2019.

For International Class 043:
Current identification: Restaurant services

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 first extension request.


The applicant's current attorney information: Gregory T. Ourada. Gregory T. Ourada of HILL, KERTSCHER & WHARTON, LLP, is located at

      SUITE 800
      3350 RIVERWOOD PARKWAY
      ATLANTA, Georgia 30339
      United States

The phone number is 678-384-7443.

The fax number is 770-953-1358.

The email address is trademarks@hkw-law.com

The applicants proposed attorney information: Gregory T. Ourada. Gregory T. Ourada of HILL, KERTSCHER & WHARTON, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 800
      3350 RIVERWOOD PARKWAY
      ATLANTA, Georgia 30339
      United States

The phone number is 678-384-7443.

The fax number is 770-953-1358.

The email address is trademarks@hkw-law.com

Gregory T. Ourada 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: GREGORY T. OURADA. GREGORY T. OURADA of HILL, KERTSCHER & WHARTON, LLP, is located at

      SUITE 800
      3350 RIVERWOOD PARKWAY
      ATLANTA, Georgia 30339
      United States

The phone number is 678-384-7443.

The fax number is 770-953-1358.

The email address is trademarks@hkw-law.com

The applicants proposed correspondence information: GREGORY T. OURADA. GREGORY T. OURADA of HILL, KERTSCHER & WHARTON, LLP, is located at

      SUITE 800
      3350 RIVERWOOD PARKWAY
      ATLANTA, Georgia 30339
      United States

The phone number is 678-384-7443.

The fax number is 770-953-1358.

The email address is trademarks@hkw-law.com


A fee payment in the amount of $125 will be submitted with the form, representing payment for 1 class.


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: /Gregory T. Ourada/      Date Signed: 11/25/2019
Signatory's Name: Gregory T. Ourada
Signatory's Position: Attorney of Record, GA Bar Member
Signatory's Phone: 678-384-7443

Mailing Address:
   HILL, KERTSCHER & WHARTON, LLP
   SUITE 800
   3350 RIVERWOOD PARKWAY
   ATLANTA, Georgia 30339

RAM Sale Number: 88233902
RAM Accounting Date: 11/25/2019

Serial Number: 88233902
Internet Transmission Date: Mon Nov 25 14:13:01 EST 2019
TEAS Stamp: USPTO/ESU-XX.XXX.XX.XX-20191125141301029
889-88233902-700f0116d667490aae1df644aa6
4126de0222954f68d94a9deb4db885bec2d6d5-C
C-12595011-20191125140007614049