| 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 |
76567976 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
| NOTICE OF ALLOWANCE |
YES |
| EXTENSION OF USE |
NO |
| REQUEST TO DIVIDE |
NO |
| MARK SECTION |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
| OWNER SECTION (current) |
| NAME |
WHOLE FOODS MARKET IP, L.P. |
| STREET |
550 BOWIE ST 6TH FL |
| CITY |
Austin |
| STATE |
Texas |
| ZIP/POSTAL CODE |
78703 |
| COUNTRY |
United States |
| OWNER SECTION (proposed) |
| NAME |
WHOLE FOODS MARKET IP, L.P. |
| STREET |
550 BOWIE ST 6TH FL |
| CITY |
Austin |
| STATE |
Texas |
| ZIP/POSTAL CODE |
78703 |
| COUNTRY |
United States |
| EMAIL |
XXXX |
| GOODS AND/OR SERVICES SECTION |
| INTERNATIONAL CLASS |
029 |
| CURRENT IDENTIFICATION |
Eggs, butter; meats; fish; seafood; poultry; dairy products, excluding ice cream, ice milk and frozen yogurt; luncheon meats; processed meat, namely bacon, beef,
bologna, chicken, ham, pork, salami sausage, sausage links, and turkey |
| GOODS OR SERVICES DELETED FROM THE APPLICATION OR INCLUDED IN A SEPARATE REQUEST TO DIVIDE |
Eggs, fish, seafood, poultry, luncheon meats, beef, bologna, chicken, ham, pork, salami sausage and turkey |
| GOODS OR SERVICES IN USE IN COMMERCE |
Butter; meats; dairy products, excluding ice cream, ice milk and frozen yogurt; processed meat, namely bacon and sausage links |
| FIRST USE ANYWHERE DATE |
04/30/2000 |
| FIRST USE IN COMMERCE DATE |
04/30/2000 |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT4\IMAGEOUT4 \765\679\76567976\xml1\SO U0002.JPG |
| SPECIMEN DESCRIPTION |
Digital photograph of product bearing mark |
| INTERNATIONAL CLASS |
030 |
| CURRENT IDENTIFICATION |
Bread, bakery products, bakery desserts, and rolls |
| GOODS OR SERVICES DELETED FROM THE APPLICATION OR INCLUDED IN A SEPARATE REQUEST TO DIVIDE |
rolls |
| GOODS OR SERVICES IN USE IN COMMERCE |
Bread, bakery products and bakery desserts |
| FIRST USE ANYWHERE DATE |
10/31/2002 |
| FIRST USE IN COMMERCE DATE |
10/31/2002 |
| SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT4\IMAGEOUT4 \765\679\76567976\xml1\SO U0003.JPG |
| SPECIMEN DESCRIPTION |
Digital photograph of product bearing mark |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
2 |
| SUBTOTAL AMOUNT |
200 |
| TOTAL AMOUNT |
200 |
| SIGNATURE SECTION |
| SIGNATURE |
/Roberta L. Lang/ |
| SIGNATORY'S NAME |
Roberta L. Lang |
| SIGNATORY'S POSITION |
President |
| DATE SIGNED |
10/24/2008 |
| FILING INFORMATION |
| SUBMIT DATE |
Fri Oct 24 16:41:06 EDT 2008 |
| TEAS STAMP |
USPTO/SOU-XX.XXX.XXX.XXX-
20081024164106203150-7656
7976-4004bba4a68c7867344d
f9b77342d48517-DA-1987-20
081024150619056293 |
| 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 (stylized and/or with design)
SERIAL NUMBER: 76567976
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 ST 6TH FL, 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:
Current identification: Eggs, butter; meats; fish; seafood; poultry; dairy products, excluding ice cream, ice milk and frozen yogurt; luncheon meats; processed meat, namely bacon, beef, bologna,
chicken, ham, pork, salami sausage, sausage links, and turkey
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: Eggs, fish, seafood, poultry, luncheon meats, beef, bologna, chicken, ham, pork, salami sausage and turkey.
The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Butter; meats; dairy products, excluding ice cream, ice milk and
frozen yogurt; processed meat, namely bacon and sausage links. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as
04/30/2000, and first used in commerce at least as early as 04/30/2000, 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.
Specimen File1
For International Class 030:
Current identification: Bread, bakery products, bakery desserts, and rolls
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: rolls.
The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Bread, bakery products and bakery desserts. The mark was first used
by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/31/2002, and first used in commerce at least as early as 10/31/2002, 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.
Specimen File1
A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 classes.
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: 10/24/2008
Signatory's Name: Roberta L. Lang
Signatory's Position: President
RAM Sale Number: 1987
RAM Accounting Date: 10/27/2008
Serial Number: 76567976
Internet Transmission Date: Fri Oct 24 16:41:06 EDT 2008
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-200810241641062
03150-76567976-4004bba4a68c7867344df9b77
342d48517-DA-1987-20081024150619056293
