| PTO Form 1553 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76499847 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
| NOTICE OF ALLOWANCE |
YES |
| EXTENSION OF USE |
YES |
| REQUEST TO DIVIDE |
NO |
| MARK SECTION |
| STANDARD CHARACTERS |
NO |
| LITERAL ELEMENT |
365 EVERYDAY VALUE |
| OWNER SECTION (no change) |
| ATTORNEY SECTION (current) |
| NAME |
Christopher L. Graff |
| DOCKET NUMBER |
503320.16001 |
| ATTORNEY SECTION (proposed) |
| NAME |
Christopher L. Graff |
| DOCKET NUMBER |
WFM.0460A6US |
| GOODS AND/OR SERVICES SECTION |
| INTERNATIONAL CLASS |
029 |
| GOODS AND/OR SERVICES |
KEEP ALL LISTED, EXCEPT soy-based food beverages used as a milk substitute, margarine, vegetable- or soy-based burger patties, chili, bean dip, and tofu; cranberry sauce and apple
sauce |
| FIRST USE ANYWHERE DATE |
03/00/1997 |
| FIRST USE IN COMMERCE DATE |
03/00/1997 |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT8\IMAGEOUT8\764\998\76499847\xml3\SOU0002.JPG |
| SPECIMEN DESCRIPTION |
Digital photograph of mark on product label |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| SUBTOTAL AMOUNT |
100 |
| TOTAL AMOUNT |
100 |
| SIGNATURE SECTION |
| SIGNATURE |
/Roberta L. Lang/ |
| SIGNATORY NAME |
Roberta Lang |
| SIGNATORY DATE |
11/30/2005 |
| SIGNATORY POSITION |
President |
| FILING INFORMATION |
| SUBMIT DATE |
Wed Nov 30 15:29:26 EST 2005 |
| TEAS STAMP |
USPTO/SOU-XX.XXX.XXX.XXX-
20051130152926423890-7649
9847-32040f2e17b9ca99e7c8
447a1c97bf2f15b-DA-169-20
051130151316178943 |
| PTO Form 1553 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 11/30/2008) |
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
To the Commissioner for Trademarks:
MARK: 365 EVERYDAY VALUE
SERIAL NUMBER: 76499847
This Allegation of Use is being filed after a Notice of Allowance has issued.
An Extension of Time form is being filed with the Allegation of Use.
The applicant, WHOLE FOODS MARKET IP, L.P., having an address of 550 Bowie Street, 6th Floor, Austin, Texas United States 78703, is using or is using through a related company or licensee the mark in
commerce on or in connection with the goods and/or services as follows:
For International Class: 029, the applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application
or Notice of Allowance, except the following: soy-based food beverages used as a milk substitute, margarine, vegetable- or soy-based burger patties, chili, bean dip, and tofu; cranberry sauce and
apple sauce.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 03/00/1997, and first used in commerce at least as early as
03/00/1997, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting
of a(n) Digital photograph of mark on product label.
Specimen-1
The applicant hereby appoints Christopher L. Graff to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is WFM.0460A6US.
A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.
Declaration
Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15
U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above,
as evidenced by the attached specimen(s) showing the mark as used in commerce.
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 Signed: 11/30/2005
Signatory's Name: Roberta Lang
Signatory's Position: President
RAM Sale Number: 169
RAM Accounting Date: 12/01/2005
Serial Number: 76499847
Internet Transmission Date: Wed Nov 30 15:29:26 EST 2005
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200511301529264
23890-76499847-32040f2e17b9ca99e7c8447a1
c97bf2f15b-DA-169-20051130151316178943
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