PR-Section 8 and 9

WELLSPRING

AMAZON TECHNOLOGIES, INC.

Combined Declaration of Use In Commerce & Application For Renewal of Registration of A Mark Under Sections 8 & 9

PTO Form 1963 (Rev 5/2006)
OMB No. 0651-0055 (Exp 10/31/2008)

Combined Declaration of Use In Commerce & 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 1976188
REGISTRATION DATE 05/28/1996
SERIAL NUMBER 74641390
MARK SECTION
MARK WELLSPRING
OWNER SECTION (no change)
ATTORNEY SECTION (current)
NAME CHRISTOPHER L. GRAFF
DOCKET NUMBER WHOL.005
ATTORNEY SECTION (proposed)
NAME CHRISTOPHER L. GRAFF
DOCKET NUMBER WFM.0374A1US
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 029
NO USE: DELETE THIS ENTIRE CLASS YES
INTERNATIONAL CLASS 030
USE ON ALL GOODS OR SERVICES NO
GOODS OR SERVICES TO BE DELETED; OR, GOODS OR SERVICES WITH EXCUSABLE NON-USE CLAIM coffee, honey, vinegar, tomato sauce, sandwiches, pasta-based salads, salad dressings and grain-based salads
SPECIMEN FILE NAME(S) \\TICRS\EXPORT\IMAGEOUT\7 46\413\74641390\xml1\S890 002.JPG
        \\TICRS\EXPORT\IMAGEOUT\7 46\413\74641390\xml1\S890 003.JPG
SPECIMEN DESCRIPTION Digital photographs of product packaging and shelf-talker featuring mark
INTERNATIONAL CLASS 032
NO USE: DELETE THIS ENTIRE CLASS YES
INTERNATIONAL CLASS 042
USE ON ALL GOODS OR SERVICES OR EXCUSABLE NON-USE FOR ENTIRE CLASS YES
SPECIMEN FILE NAME(S) \\TICRS\EXPORT\IMAGEOUT\7 46\413\74641390\xml1\S890 004.JPG
        \\TICRS\EXPORT\IMAGEOUT\7 46\413\74641390\xml1\S890 005.JPG
SPECIMEN DESCRIPTION Digital photographs of signage featuring mark
PAYMENT SECTION
NUMBER OF CLASSES 4
NUMBER OF CLASSES PAID 2
SUBTOTAL AMOUNT 1000
GRACE PERIOD 400
TOTAL AMOUNT 1400
SIGNATURE SECTION
SIGNATURE /Roberta L. Lang/
SIGNATORY'S NAME Roberta Lang
SIGNATORY'S POSITION President
DATE SIGNED 11/28/2006
PAYMENT METHOD DA
FILING INFORMATION
SUBMIT DATE Tue Nov 28 13:54:40 EST 2006
TEAS STAMP USPTO/S08N09-XX.XXX.XXX.X
XX-20061128135440304544-1
976188-3505a2ded3eada27d7
8dcda75667cdae49-DA-1601-
20061128125843813192



PTO Form 1963 (Rev 5/2006)
OMB No. 0651-0055 (Exp 10/31/2008)


Combined Declaration of Use In Commerce & Application For Renewal of Registration of A Mark Under Sections 8 & 9


To the Commissioner for Trademarks:

REGISTRATION NUMBER: 1976188
REGISTRATION DATE: 05/28/1996

MARK:  WELLSPRING

The owner, WHOLE FOODS MARKET IP, L.P., having an address of 550 Bowie Street, 6th Floor, Austin, Texas US 78703, is filing a Combined Declaration of Use In Commerce & Application For Renewal of Registration of A Mark Under Sections 8 & 9.

For International Class 029, the owner, or its related company, is NOT using the mark in commerce on or in connection with any of the goods or services listed in the existing registration for this specific class, and is NOT claiming excusable non-use for any of the goods or services listed in the existing registration for this specific class. This entire class is to be deleted from the registration.

For International Class 030, the owner, or its related company, is using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class, except the goods or services listed below, which are to be deleted from the registration; or, the owner, or its related company, is using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class, except for those goods or services for which a specific claim of excusable non-use has been entered.

            coffee, honey, vinegar, tomato sauce, sandwiches, pasta-based salads, salad dressings and grain-based salads

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Digital photographs of product packaging and shelf-talker featuring mark.
Specimen-1
Specimen-2

For International Class 032, the owner, or its related company, is NOT using the mark in commerce on or in connection with any of the goods or services listed in the existing registration for this specific class, and is NOT claiming excusable non-use for any of the goods or services listed in the existing registration for this specific class. This entire class is to be deleted from the registration.

For International Class 042, the owner, or its related company, is using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class; or, the owner is claiming excusable non-use for this entire class.

The owner is submitting one specimen showing the mark as used in commerce on or in connection with any item in this class, consisting of a(n) Digital photographs of signage featuring mark.
Specimen-1
Specimen-2

The registrant hereby appoints CHRISTOPHER L. GRAFF to file this Combined Declaration of Use In Commerce & Application For Renewal of Registration of A Mark Under Sections 8 & 9 on behalf of the registrant.  The attorney docket/reference number is WFM.0374A1US.

A fee payment in the amount of $1400 will be submitted with the form, representing payment for 2 class(es), plus any additional grace period fee, if necessary.

Declaration


Section 8: Declaration of Use in Commerce
Unless the owner has specifically claimed excusable non-use, the owner, or its related company, is using the mark in commerce on or in connection with the goods and/or services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

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

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and 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: /Roberta L. Lang/      Date: 11/28/2006
Signatory's Name: Roberta Lang
Signatory's Position: President

Serial Number: 74641390
Internet Transmission Date: Tue Nov 28 13:54:40 EST 2006
TEAS Stamp: USPTO/S08N09-XX.XXX.XXX.XXX-200611281354
40304544-1976188-3505a2ded3eada27d78dcda
75667cdae49-DA-1601-20061128125843813192

PR-Section 8 and 9 [image/jpeg]

PR-Section 8 and 9 [image/jpeg]

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