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: FOOD THAT BRINGS SOMETHING TO THE TABLE (see, http://uspto.report/TM/88261054/mark.png)
SERIAL NUMBER: 88261054

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: Daily Harvest, Inc., having an address of
      37 W 20th Street
      New York, New York 10011
      United States
      Email: XXXX
Proposed: Daily Harvest, Inc., having an address of
      37 W 20th Street
      New York, New York 10011
      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 11/26/2019.

For International Class 029:
Current identification: Soups; Soup mixes; Preparations for making soups; Prepared meals consisting primarily of vegetables; Prepared meals consisting primarily of meat substitutes; Prepared meals consisting primarily of processed legumes; prepared meals consisting primarily of processed seeds; prepackaged meals consisting primarily of processed fruits and seeds; coconut milk beverages flavored with ginger as a spice

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 030:
Current identification: Coffee-based beverages; Tea-based beverages; Chocolate-based beverages; Hot chocolate mixes; Ice cream; Ice cream substitutes; Ice cream sundaes; Cookie dough; Oatmeal; Parfaits; Processed Oats; Prepackaged meals consisting primarily of pasta or rice; Prepackaged meals consisting primarily of quinoa; Prepackaged meals consisting primarily of processed grains

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: Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit juice bases; Fruit-based beverages; smoothie, fruit juice and vegetable juices kits; Smoothies; Vegetable juices; Vegetable-fruit juices; Ginger juice beverages; non-alcoholic fruit and vegetable juice-based beverages flavored with ginger

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: On-line retail store services featuring pre-prepared meals, desserts and 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.


This is the second 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):
      Margarita Wallach, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: mwallach@mccarter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kgarrone@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.com

Correspondence Information (proposed):
      Margarita Wallach, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: mwallach@mccarter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kgarrone@mccarter.com; dlynch@mccarter.com; nytmdocket@mccarter.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 $500 will be submitted with the form, representing payment for 4 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: /mw/      Date Signed: 11/19/2020
Signatory's Name: Margarita Wallach, Esq.
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone: 2126096819

RAM Sale Number: 88261054
RAM Accounting Date: 11/19/2020

Serial Number: 88261054
Internet Transmission Date: Thu Nov 19 19:45:38 ET 2020
TEAS Stamp: USPTO/ESU-XX.XX.XX.XX-202011191945382507
65-88261054-7503ced11515dbf3f58a4383fcb1
72fda3d9082eb2882cd1dbd4f5e8f76f18e6e6b-
DA-45374646-20201119092600110649