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: SODASTAR (stylized and/or with design, see http://uspto.report/TM/88299868/mark.png)
SERIAL NUMBER: 88299868

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: ALDI Inc., having an address of
      1200 N. Kirk Road
      Batavia, Illinois 60510
      United States
      Phone: 630-879-2130
      Fax: 630-482-5687
      Email: XXXX
Proposed: ALDI Inc., having an address of
      1200 N. Kirk Road
      Batavia, Illinois 60510
      United States
      Phone: 630-879-2130
      Fax: 630-482-5687
      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 09/10/2019.

For International Class 007:
Current identification: Machines for making aerated beverages; parts and fittings of such machines, included in this class

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: Mineral waters; aerated water; non-alcoholic malt beverages; non-alcoholic fruit juice beverages; non-alcoholic water-based beverages; non-alcoholic beverages flavored with tea, coffee, fruit juices, beer; soft drinks; essences, syrups and concentrates for making fruit juices, fruit drinks, soft drinks and tea flavored 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 first extension request.

The applicant's current Attorney Information:
      Vincent J. Elders      SMITH, LANDMEIER & ELDERS, P.C.

      15 N. SECOND STREET
      GENEVA, Illinois 60134
      United States
      Phone: 630-232-2880
      Fax: 630-232-2889
      The docket/reference number is 22263.694
      Email: trademarks@smithlandmeier.com


The applicant's proposed Attorney Information:
      Vincent J. Elders      SMITH, LANDMEIER & ELDERS, P.C.

      309 Hamilton Street, Suite E
      GENEVA, Illinois 60134
      United States
      Phone: 630-232-2880
      Fax: 630-232-2889
      The docket/reference number is 22263.694
      Email: trademarks@smithlandmeier.com


Correspondence Information (current):
      VINCENT J. ELDERS
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@smithlandmeier.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Correspondence Information (proposed):
      Vincent J. Elders
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@smithlandmeier.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: /Vincent J. Elders/      Date Signed: 03/03/2020
Signatory's Name: Vincent J. Elders
Signatory's Position: Attorney of Record, Illinois bar member
Signatory's Phone: 630-232-2880

Mailing Address:
   SMITH, LANDMEIER & ELDERS, P.C.
   
   309 Hamilton Street, Suite E
   GENEVA, Illinois 60134

RAM Sale Number: 88299868
RAM Accounting Date: 03/03/2020

Serial Number: 88299868
Internet Transmission Date: Tue Mar 03 16:06:34 ET 2020
TEAS Stamp: USPTO/ESU-XXX.XXX.XX.XXX-202003031606343
82204-88299868-710242d7aee9c881fadb6c211
55e4262c066879373cdb353bd8e6142cfb6da7-C
C-06327701-20200303160253787036