PR-Section 8 and 9

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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

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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 1963 (Rev 05/2006)

OMB No. 0651-0055 (Exp 07/31/2018)

Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9

To the Commissioner for Trademarks:

REGISTRATION NUMBER: 1961586
REGISTRATION DATE: 03/12/1996

MARK: WHOLE FOODS MARKET (see, )

The owner, WHOLE FOODS MARKET IP, L.P., a limited partnership legally organized under the laws of Delaware, comprising of WFM IP Management, Inc., a Delaware corporation, having an address of
      550 Bowie Street, 6th Floor
      AUSTIN, Texas 78703
      United States
is filing a Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9.

For International Class 042, the mark is in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration for this specific class: retail grocery store services, in-store restaurant services, and in-store bakery services specializing in health foods and natural foods ; or, the owner is making the listed excusable nonuse claim.

The owner is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) photo of store signage and screenshot of website displaying the mark in connection with promotion of services.
JPG file(s):
Specimen File1
Original PDF file:
SPN0-66193119230-20160205144355094996_._Website_main_page_screenshot_01__02-04-2016_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

MISCELLANEOUS STATEMENTS
Registrant notes that it is correcting the entity name and type via this filing. The information was correctly filed with the assignments division in 2003 at Reel/Frame: 2674/0329, but appears to have been entered inaccurately. Registrant requests that the record be corrected to reflect the owner as "Whole Foods Market IP, L.P." a Delaware limited partnership whose general partner is WFM IP Management, Inc., a Delaware corporation.

The registrant's current Attorney Information: CHRISTOPHER L GRAFF of  Pirkey Barber LLP
      600 Congress Avenue, Suite 2120
      Austin, Texas 78701
      United States
The docket/reference number is WFM.0304 US.

The registrant's proposed Attorney Information: Christopher L. Graff of  Pirkey Barber PLLC
      600 Congress Avenue, Suite 2120
      Austin, Texas 78701
      United States
The docket/reference number is WFMI304US.
The Other Appointed Attorney(s): all other attorneys with the firm.

The phone number is 512-322-5200.

The fax number is 512-322-5201.

The email address is tmcentral@pirkeybarber.com.
The registrant's current Correspondence Information: CHRISTOPHER L GRAFF of  Pirkey Barber LLP
      600 Congress Avenue, Suite 2120
      Austin, Texas 78701
      United States
The docket/reference number is WFM.0304 US.

The registrant's proposed Correspondence Information: Christopher L. Graff of  Pirkey Barber PLLC
      600 Congress Avenue, Suite 2120
      Austin, Texas 78701
      United States
The docket/reference number is WFMI304US.


The phone number is 512-322-5200.

The fax number is 512-322-5201.

The email address is tmcentral@pirkeybarber.com.

A fee payment in the amount of $400 will be submitted with the form, representing payment for 1 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use and/or Excusable Nonuse in Commerce
Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services, or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.


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 this submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Section 9: Application for Renewal
The registrant requests that the registration be renewed for the goods/services/collective organization identified above.


Signature: /Roberta Lang/      Date: 02/11/2016
Signatory's Name: Roberta Lang
Signatory's Position: President
Signatory's Phone Number: 512-322-5200

Mailing Address (current):
   Pirkey Barber LLP
   600 Congress Avenue, Suite 2120
   Austin, Texas 78701

Mailing Address (proposed):
   Pirkey Barber PLLC
   600 Congress Avenue, Suite 2120
   Austin, Texas 78701

Serial Number: 74584371
Internet Transmission Date: Thu Feb 11 18:49:10 EST 2016
TEAS Stamp: USPTO/S08N09-XX.XXX.XXX.XXX-201602111849
10382437-1961586-5506ded67fdfedd45869d79
522591eceb3631611e25ea2cf38942fd8174aed4
7ae7-CC-5235-20160211181135310078