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: 78777677
Filing Date: 12/20/2005

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

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, Michigan, 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.

Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 035: Retail gas station services featuring gasoline pumps

Applicant claims ownership of U.S. Registration Number(s) 3015194.

The applicant hereby appoints Laura C. Gustafson and Richard L. Kirkpatrick, Cydney A. Tune and Robert B. Burlingame and all members of Pillsbury Winthrop Shaw Pittman LLP, and all other attorneys associated with the firm of PILLSBURY WINTHROP SHAW PITTMAN LLP, Calendar/Docketing Department, P.O. Box 7880, San Francisco, California, United States, 94120-7880 to submit this application on behalf of the applicant. The attorney docket/reference number is 061148/0324729/RLK/LCG.

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

A fee payment in the amount of $325 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: /Laura C. Gustafson/   Date: 12/20/2005
Signatory's Name: Laura C. Gustafson
Signatory's Position: Attorney


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

RAM Sale Number: 780
RAM Accounting Date: 12/21/2005

Serial Number: 78777677
Internet Transmission Date: Tue Dec 20 20:42:24 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXXX-200512202042248494
14-78777677-2009944ce2ba716663f9d0bceea6
93ed40-DA-780-20051220203238157878