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
The table below presents the data as entered.
Input Field
|
Entered
|
REGISTRATION NUMBER |
1961586 |
REGISTRATION DATE |
03/12/1996 |
SERIAL NUMBER |
74584371 |
MARK SECTION |
MARK |
WHOLE FOODS MARKET |
ATTORNEY SECTION (current) |
NAME |
CHRISTOPHER L GRAFF |
FIRM NAME |
Pirkey Barber LLP |
STREET |
600 Congress Avenue, Suite 2120 |
CITY |
Austin |
STATE |
Texas |
POSTAL CODE |
78701 |
COUNTRY |
United States |
PHONE |
512-322-5200 |
FAX |
512-322-5201 |
EMAIL |
tmcentral@pirkeybarber.com |
AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
DOCKET/REFERENCE NUMBER |
WFM.0304 US |
ATTORNEY SECTION (proposed) |
NAME |
Christopher L. Graff |
FIRM NAME |
Pirkey Barber PLLC |
STREET |
600 Congress Avenue, Suite 2120 |
CITY |
Austin |
STATE |
Texas |
POSTAL CODE |
78701 |
COUNTRY |
United States |
PHONE |
512-322-5200 |
FAX |
512-322-5201 |
EMAIL |
tmcentral@pirkeybarber.com |
AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
DOCKET/REFERENCE NUMBER |
WFMI304US |
OTHER APPOINTED ATTORNEY |
all other attorneys with the firm |
CORRESPONDENCE SECTION (current) |
NAME |
CHRISTOPHER L GRAFF |
FIRM NAME |
Pirkey Barber LLP |
STREET |
600 Congress Avenue, Suite 2120 |
CITY |
Austin |
STATE |
Texas |
POSTAL CODE |
78701 |
COUNTRY |
United States |
PHONE |
512-322-5200 |
FAX |
512-322-5201 |
EMAIL |
tmcentral@pirkeybarber.com |
AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
DOCKET/REFERENCE NUMBER |
WFM.0304 US |
CORRESPONDENCE SECTION (proposed) |
NAME |
Christopher L. Graff |
FIRM NAME |
Pirkey Barber PLLC |
STREET |
600 Congress Avenue, Suite 2120 |
CITY |
Austin |
STATE |
Texas |
POSTAL CODE |
78701 |
COUNTRY |
United States |
PHONE |
512-322-5200 |
FAX |
512-322-5201 |
EMAIL |
tmcentral@pirkeybarber.com |
AUTHORIZED TO COMMUNICATE VIA E-MAIL |
Yes |
DOCKET/REFERENCE NUMBER |
WFMI304US |
GOODS AND/OR SERVICES SECTION |
INTERNATIONAL CLASS |
042 |
GOODS OR SERVICES |
retail grocery store services, in-store restaurant services, and in-store bakery services specializing in health foods and natural foods |
SPECIMEN FILE NAME(S) |
JPG FILE(S) |
\\TICRS\EXPORT16\IMAGEOUT 16\745\843\74584371\xml2\ S890002.JPG |
ORIGINAL PDF FILE |
SPN0-66193119230-20160205144355094996_._Website_main_page_screenshot_01__02-04-2016_.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\745\843\74584371\xml2\S890003.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\745\843\74584371\xml2\S890004.JPG |
SPECIMEN DESCRIPTION |
photo of store signage and screenshot of website displaying the mark in connection with promotion of services |
MISCELLANEOUS STATEMENT |
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. |
OWNER SECTION (current) |
NAME |
WHOLE FOODS MARKET IP L.P. |
STREET |
550 BOWIE STREET |
CITY |
AUSTIN |
STATE |
Texas |
ZIP/POSTAL CODE |
78703 |
COUNTRY |
United States |
OWNER SECTION (proposed) |
NAME |
WHOLE FOODS MARKET IP, L.P. |
STREET |
550 Bowie Street, 6th Floor |
CITY |
AUSTIN |
STATE |
Texas |
ZIP/POSTAL CODE |
78703 |
COUNTRY |
United States |
LEGAL ENTITY SECTION (current) |
TYPE |
corporation |
STATE/COUNTRY OF INCORPORATION |
Delaware |
LEGAL ENTITY SECTION (proposed) |
TYPE |
limited partnership |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Delaware |
NAME OF ALL GENERAL PARTNERS, ACTIVE MEMBERS, INDIVIDUAL, TRUSTEES, OR EXECUTORS, AND CITIZENSHIP/ INCORPORATION |
WFM IP Management, Inc., a Delaware corporation |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
NUMBER OF CLASSES PAID |
1 |
SUBTOTAL AMOUNT |
400 |
TOTAL FEE PAID |
400 |
SIGNATURE SECTION |
SIGNATURE |
/Roberta Lang/ |
SIGNATORY'S NAME |
Roberta Lang |
SIGNATORY'S POSITION |
President |
DATE SIGNED |
02/11/2016 |
SIGNATORY'S PHONE NUMBER |
512-322-5200 |
PAYMENT METHOD |
CC |
FILING INFORMATION |
SUBMIT DATE |
Thu Feb 11 18:49:10 EST 2016 |
TEAS STAMP |
USPTO/S08N09-XX.XXX.XXX.X
XX-20160211184910382437-1
961586-5506ded67fdfedd458
69d79522591eceb3631611e25
ea2cf38942fd8174aed47ae7-
CC-5235-20160211181135310
078 |
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