Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

---

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78332313
Filing Date: 11/24/2003

To the Commissioner for Trademarks:

MARK: HARRIS TEETER (stylized and/or with design, see mark)

The literal element of the mark consists of HARRIS TEETER.

The applicant, Harris Teeter, Inc., a corporation of North Carolina, residing at 701 Crestdale Drive, Matthews, NC, USA, 28105, requests registration of the trademark/service mark identified above 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.

The applicant, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

      International Class 035: Retail grocery stores.

In International Class 035, the mark was first used at least as early as 06/21/1995, and first used in commerce at least as early as 06/19/1996, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Photograph of front of store.

      Specimen - 1

The applicant hereby appoints Christopher S. Nesbit and Corby C. Anderson of Helms Mulliss & Wicker, PLLC, P.O. Box 31247, 201 North Tryon Street, Charlotte, NY, USA, 28231 to submit this application on behalf of the applicant. The attorney docket/reference number is 4029415-180.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: chris.anderson@hmw.com.

A fee payment in the amount of $335 will be submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made 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 the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that 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:
Signatory's Name: Jeff Sherman
Signatory's Position: Vice President - Finance

Signatory's Signature: Signature

Mailing Address:
     Christopher S. Nesbit
     P.O. Box 31247
     201 North Tryon Street
     Charlotte, NY 28231

RAM Sale Number: 134
RAM Accounting Date: 11/25/2003

Serial Number: 78332313
Internet Transmission Date: Mon Nov 24 15:30:07 EST 2003
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200311241530073703
18-78332313-200b789e6ea65efb48350bccb1dc
b717-DA-134-20031124152800459517