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: MTN DEW 80 CAKE-SMASH (see, http://uspto.report/TM/88480509/mark.png)
SERIAL NUMBER: 88480509

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: PEPSICO, INC., having an address of
      700 Anderson Hill Road
      Purchase, New York 10577
      United States
      Phone: 914-253-3443
      Email: XXXX
Proposed: PEPSICO, INC., having an address of
      700 Anderson Hill Road
      Purchase, New York 10577
      United States
      Phone: 914-253-3443
      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 10/29/2019.

For International Class 032:
Current identification: Soft drinks

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 ; market research

Correspondence Information (current):
      PAUL A. LEE
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@pepsico.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kelly.lasaponara@pepsico.com

Correspondence Information (proposed):
      PAUL A. LEE
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@pepsico.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kelly.lasaponara@pepsico.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 $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: /Paul A. Lee/      Date Signed: 09/10/2020
Signatory's Name: LEE, PAUL A.
Signatory's Position: Attorney of record, New York Bar memeber
Signatory's Phone: 9142533443

RAM Sale Number: 88480509
RAM Accounting Date: 09/10/2020

Serial Number: 88480509
Internet Transmission Date: Thu Sep 10 18:07:39 ET 2020
TEAS Stamp: USPTO/ESU-XX.XX.XX.XX-202009101807392252
07-88480509-75085fe5841b07bf8e12b1e85832
c4b18f7ebb2a879db1bac52d5cb99d4a9eb562-D
A-07386795-20200910112755188721