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: DIP (stylized and/or with design, see http://tmng-al.gov.uspto.report/resting2/api/img/88016011/large)
SERIAL NUMBER: 88016011

The applicant, The Kroger Co. of Michigan, having an address of
      40399 Grand River Avenue
      Novi, Michigan 48375
      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 12/11/2018.

For International Class 018:
Current identification: Backpacks; duffels; tote bags

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 025:
Current identification: Women's apparel, namely, shirts, sweaters, pants, shorts, socks, undergarments, loungewear, coats, jackets, swimwear; Men's apparel, namely, shirts, sweaters, pants, shorts, socks, undergarments, loungewear, coats, jackets, swimwear; Children's apparel, shirts, dresses, vests, sweaters, pants, shorts, skirts, socks, undergarments, loungewear, coats, jackets, swimwear

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 027:
Current identification: Exercise mats, namely, personal exercise mats

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 028:
Current identification: Balls for sports, namely, baseball, softball, tennis, cricket, field hockey, soccer, rugby, football, netball, basketball, volleyball, handball, pool, bocce, golf, kickball, lacrosse, table tennis, polo, racquetball; rackets for sports, namely, tennis, racquetball, badminton, table tennis, squash; exercise weights; stretch bands used for yoga and physical fitness purposes

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.


The applicant has submitted a Request to Divide in paper or is filing a Request to Divide as part of the TEAS Allegation of Use form. 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

A Statement of Use has already been submitted or is being submitted along with the Extension request as evidence that applicant believes that it has made valid use of the mark in commerce.   If the USPTO finds the Statement of Use to be fatally defective, the applicant requests additional time to file an amended or substitute Statement of Use.



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: /Laura C. Gustafson/      Date Signed: 12/11/2019
Signatory's Name: Laura C. Gustafson
Signatory's Position: Attorney for Applicant, CA bar member
Signatory's Phone: 415.983.6318

RAM Sale Number: 88016011
RAM Accounting Date: 12/11/2019

Serial Number: 88016011
Internet Transmission Date: Wed Dec 11 15:12:09 EST 2019
TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.XXX-20191211151209
280985-88016011-700191e2b288ef29305d1d7d
ba25f8caf8ddd1f754e16aad815fcc95a70b14e9
9-DA-12082493-20191211142703829219