Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: FRESH DÉCOR(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76685029)
SERIAL NUMBER: 76685029



MARK
Applicant proposes to amend the mark as follows:
Current: FRESH DÉCOR(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=76685029)
Proposed (USPTO generated image): FRESH DECOR (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, SAFEWAY INC., having an address of
      5918 Stoneridge Mall Road
      Pleasanton, California 94588
      United States
is submitting the following allegation of use information:

For International Class 004:
Current identification: Candles

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/05/2011, and first used in commerce at least as early as 09/25/2011, 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) Picture of the product showing the mark.

Original PDF file:
SPN0-74915934-151257215_._319884US-Cl_4_Speicmen.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 007:
Current identification: Electric can openers

All ITU goods/services in this class are to be deleted


For International Class 008:
Current identification: Non-electric can openers; cutlery in the nature of silverware

All ITU goods/services in this class are to be deleted


For International Class 009:
Current identification: Measuring cups, measuring spoons

All ITU goods/services in this class are to be deleted


For International Class 011:
Current identification: Decorative lights, namely, electric light decorative strings

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 11/25/2009, and first used in commerce at least as early as 11/25/2009, 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) Picture of product showing the mark.

Original PDF file:
SPN4-74915934-151257215_._319884US-Cl_11_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 016:
Current identification: Figurines of paper mache

All ITU goods/services in this class are to be deleted


For International Class 020:
Current identification: Patio furniture of wood or plastic; works of art of wood, wax, plaster, plastic

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Patio furniture of wood or plastic; works of art of wax, plaster, plastic

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Works of art of wood
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/15/2012, and first used in commerce at least as early as 01/15/2012, 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) Picture of product showing the mark.

Original PDF file:
SPN6-74915934-151257215_._319884US-Cl_20_Speicmen.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 021:
Current identification: Dishes, mugs, drinking glasses, namely, wine, martini, margarita; tea sets, namely, pots and cups, serving trays and platters, bowls, salad bowls, household utensils, namely, pot and pan scrapers, rolling pins, spatulas, turners, whisks, food spreaders, serving tongs, slotted spoons; cooking utensils, namely, grills, wire baskets, kebob baskets, grill covers; serving utensils, namely, spoons, tongs, forks, pie and cake servers; salt and pepper shakers, cookware for baking and cooking, namely, grill pans, aluminum pans, sheet pans, foil pans; candle holders, BBQ utensils, namely, forks, tongs, turners, spatulas, skewers, grill brushes, basters; figurines of china, crystal, earthenware, glass, porcelain, terra cotta; cookie decorating kits comprised of cookie cutters and decorating bags for confectioners

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: Drinking glasses, namely, wine, martini, margarita; tea sets, namely, pots and cups, serving trays and platters, salad bowls, household utensils, namely, pot and pan scrapers, rolling pins, spatulas, turners, whisks, food spreaders, serving tongs, slotted spoons; cooking utensils, namely, grills, wire baskets, kebob baskets, grill covers; serving utensils, namely, spoons, tongs, forks, pie and cake servers; salt and pepper shakers, cookware for baking and cooking, namely, grill pans, aluminum pans, sheet pans, foil pans; candle holders, BBQ utensils, namely, forks, tongs, turners, spatulas, skewers, grill brushes, basters; figurines of china, crystal, glass, porcelain, terra cotta; cookie decorating kits comprised of cookie cutters and decorating bags for confectioners

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Dishes, mugs, bowls, earthenware
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/03/2010, and first used in commerce at least as early as 05/03/2010, 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) Picture of product showing the mark.

Original PDF file:
SPN7-74915934-151257215_._319884US-Cl_21_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 024:
Current identification: Place mats not of paper; linen table cloths; towels; cooking mitts

All ITU goods/services in this class are to be deleted


For International Class 028:
Current identification: Egg decorating kits

All ITU goods/services in this class are to be deleted


The applicant is not filing a Request to Divide with this Allegation of Use form. MISCELLANEOUS STATEMENTS
Applicant submits a substitute drawing amending the mark to remove the accent over the E in DECOR. This amendment does not constitute a material alteration to the mark.

Original PDF file:
MISC-74915934-151257215_._319884US-Substitute_Drawing.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1

A fee payment in the amount of $400 will be submitted with the form, representing payment for the allegation of use for 4 classes.


Declaration



Original PDF file:
hw_74915934-151257215_._319884US-AOU.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2

Signatory's Name: Gigi Remington
Signatory's Position: Senior Corporate Counsel

RAM Sale Number: 3224
RAM Accounting Date: 09/10/2012

Serial Number: 76685029
Internet Transmission Date: Fri Sep 07 16:03:49 EDT 2012
TEAS Stamp: USPTO/SOU-XX.X.XXX.XX-201209071603493542
94-76685029-4901540a396e0f235c5f457c8087
76413-CC-3224-20120907151257215754