| PTO Form 1553 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 09/30/2011) |
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 |
76499975 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
| NOTICE OF ALLOWANCE |
YES |
| EXTENSION OF USE |
NO |
| REQUEST TO DIVIDE |
NO |
| MARK SECTION |
| STANDARD CHARACTERS |
NO |
| LITERAL ELEMENT |
365 EVERYDAY VALUE |
| OWNER SECTION (no change) |
| GOODS AND/OR SERVICES SECTION |
| INTERNATIONAL CLASS |
031 |
| CURRENT IDENTIFICATION |
Unprocessed cereals, unprocessed vegetables, pet food, unprocessed popcorn, unprocessed fruit, unprocessed herbs, unprocessed beans and rice, unprocessed grains
for eating, and unprocessed truffles |
| GOODS OR SERVICES DELETED FROM THE APPLICATION OR INCLUDED IN A SEPARATE REQUEST TO DIVIDE |
Unprocessed cereals, unprocessed herbs, unprocessed grains for eating, and unprocessed truffles |
| GOODS OR SERVICES IN USE IN COMMERCE |
Unprocessed vegetables, pet food, unprocessed popcorn, unprocessed fruit, unprocessed beans and rice |
| FIRST USE ANYWHERE DATE |
12/31/1997 |
| FIRST USE IN COMMERCE DATE |
12/31/1997 |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT4\IMAGEOUT4 \764\999\76499975\xml4\SO U0002.JPG |
| SPECIMEN DESCRIPTION |
Digital photograph of product bearing mark (Dates of first use pertain to pet food) |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
1 |
| SUBTOTAL AMOUNT |
100 |
| TOTAL AMOUNT |
100 |
| SIGNATURE SECTION |
| SIGNATURE |
/Roberta L. Lang/ |
| SIGNATORY'S NAME |
Roberta Lang |
| SIGNATORY'S POSITION |
President |
| DATE SIGNED |
12/01/2008 |
| FILING INFORMATION |
| SUBMIT DATE |
Mon Dec 01 15:51:58 EST 2008 |
| TEAS STAMP |
USPTO/SOU-XX.XXX.XXX.XXX-
20081201155158430644-7649
9975-400c2829f44eed4f41be
4eea2d4896393-DA-1127-200
81201152841524117 |
| PTO Form 1553 (Rev 9/2005) |
| OMB No. 0651-0054 (Exp. 09/30/2011) |
Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))
To the Commissioner for Trademarks:
MARK: 365 EVERYDAY VALUE
SERIAL NUMBER: 76499975
This Allegation of Use is being filed after a Notice of Allowance has issued.
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 031:
Current identification: Unprocessed cereals, unprocessed vegetables, pet food, unprocessed popcorn, unprocessed fruit, unprocessed herbs, unprocessed beans and rice, unprocessed grains for eating,
and unprocessed truffles
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: Unprocessed cereals, unprocessed herbs, unprocessed grains for eating, and unprocessed truffles.
The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Unprocessed vegetables, pet food, unprocessed popcorn, unprocessed
fruit, unprocessed beans and rice. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 12/31/1997, and first used
in commerce at least as early as 12/31/1997, 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 product bearing mark (Dates of first use pertain to pet food).
Specimen File1
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: 12/01/2008
Signatory's Name: Roberta Lang
Signatory's Position: President
RAM Sale Number: 1127
RAM Accounting Date: 12/02/2008
Serial Number: 76499975
Internet Transmission Date: Mon Dec 01 15:51:58 EST 2008
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200812011551584
30644-76499975-400c2829f44eed4f41be4eea2
d4896393-DA-1127-20081201152841524117
