Application

PTO Form 1478 (Rev 6/2005)

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

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PTO Form 1478 (Rev 6/2005)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 78483412
Filing Date: 09/14/2004

To the Commissioner for Trademarks:

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

The literal element of the mark consists of KROGER.

The applicant, The Kroger Co. of Michigan, a corporation of Michigan, residing at 18334 Laurel Park Drive North, Livonia, MI, United States, 48152-2686, 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 store and pharmacy services.

In International Class 035, the mark was first used at least as early as 00/00/1883, and first used in commerce at least as early as 00/00/1883, 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 showing use of mark. (Mark was first used for grocery store services at least as early as 1883 and first used for pharmacy services at least as early as January 1974). Applicant also owns the following registrations: RN 434,669; RN 692,506; RN 813,182; RN 2,645,252; RN 2,634,257; RN 2,673,939; RN 2,673,940; RN 2,623,620; RN 2,665,432; among others..

      Specimen - 1
      Specimen - 2

The applicant hereby appoints Laura C. Gustafson and Richard L. Kirkpatrick, Cydney A. Tune, Robert B. Burlingame and all members of Pillsbury Winthrop LLP, and all other attorneys associated with the firm of Pillsbury Winthrop LLP, Calendar/Docketing Department, P.O. Box 7880, San Francisco, CA, United States, 94120-7880 to submit this application on behalf of the applicant. The attorney docket/reference number is 061148/0311965.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: sftrademarks@pillsburywinthrop.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: /Paul W. Heldman, President/   Date: 09/14/2004
Signatory's Name: Laura C. Gustafson
Signatory's Position: Attorney


Mailing Address:
     Laura C. Gustafson
     Calendar/Docketing Department
     P.O. Box 7880
     San Francisco, CA 94120-7880

RAM Sale Number: 289
RAM Accounting Date: 09/15/2004

Serial Number: 78483412
Internet Transmission Date: Tue Sep 14 16:28:03 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2004091416280357946
5-78483412-200b995ce84ef4fd64dc05a1e23fc
7b3a6-DA-289-20040914161709414082