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: IT'S NOT A BREAKFAST, IT'S A BREAKFEAST. (see, http://uspto.report/TM/88346109/mark.png)
SERIAL NUMBER: 88346109

The applicant, IHOP Restaurants LLC, having an address of
      450 North Brand Blvd., 7th Floor
      Glendale, California 91203
      United States
      XXXX (authorized)
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 08/20/2019.

For International Class 029:
Current identification: Prepared meals consisting primarily of meat and poultry; prepared meals consisting of eggs

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: Pancakes; pancake syrup; coffee; prepared meals consisting primarily of bread, pastries, and yeast

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 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: Michael G. Kelber. Michael G. Kelber of NEAL, GERBER & EISENBERG LLP, is located at

      TWO NORTH LASALLE STREET, SUITE 1700
      CHICAGO, Illinois 60602
      United States
The docket/reference number is 027455.1160.

The phone number is 312-269-8000.

The fax number is 312-269-1747.

The email address is trademarks@nge.com

The applicants proposed attorney information: Michael G. Kelber. Michael G. Kelber of NEAL, GERBER & EISENBERG LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      TWO NORTH LASALLE STREET, SUITE 1700
      CHICAGO, Illinois 60602
      United States
The docket/reference number is 027455.1160.

The phone number is 312-269-8000.

The fax number is 312-269-1747.

The email address is trademarks@nge.com

Michael G. Kelber 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: MICHAEL G. KELBER. MICHAEL G. KELBER of NEAL, GERBER & EISENBERG LLP, is located at

      TWO NORTH LASALLE STREET, SUITE 1700
      CHICAGO, Illinois 60602
      United States
The docket/reference number is 027455.1160.

The phone number is 312-269-8000.

The fax number is 312-269-1747.

The email address is trademarks@nge.com

The applicants proposed correspondence information: MICHAEL G. KELBER. MICHAEL G. KELBER of NEAL, GERBER & EISENBERG LLP, is located at

      TWO NORTH LASALLE STREET, SUITE 1700
      CHICAGO, Illinois 60602
      United States
The docket/reference number is 027455.1160.

The phone number is 312-269-8000.

The fax number is 312-269-1747.

The email address is trademarks@nge.com


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: /Gregg J. Benvenuto/      Date Signed: 02/10/2020
Signatory's Name: Gregg J. Benvenuto
Signatory's Position: VP Development
Signatory's Phone: 818-637-3159

Mailing Address:
   NEAL, GERBER & EISENBERG LLP
   
   TWO NORTH LASALLE STREET, SUITE 1700
   CHICAGO, Illinois 60602

RAM Sale Number: 88346109
RAM Accounting Date: 02/10/2020

Serial Number: 88346109
Internet Transmission Date: Mon Feb 10 16:01:07 EST 2020
TEAS Stamp: USPTO/ESU-XX.XX.XXX.XXX-2020021016010763
0200-88346109-70080d3bcf71215fc2b7ea1ea2
b8f5982efa521f246ddde6f12bc4057e67f1b91c
9-DA-01079665-20200207132318904706