Section 7 Request

FAMILY WELLNESS

FAMILY DOLLAR IP CO., LLC

Section 7 Request Form

PTO Form 1597 (Rev 11/2007)
OMB No. 0651-0055 (Exp. 07/31/2018)

Section 7 Request Form


The table below presents the data as entered.

Input Field
Entered
REGISTRATION NUMBER 4485498
LAW OFFICE ASSIGNED LAW OFFICE 111
SERIAL NUMBER 85212967
MARK SECTION
MARK http://uspto.report/TM/85212967/mark.png
LITERAL ELEMENT FAMILY WELLNESS
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
OWNER SECTION (current)
NAME Family Dollar Stores of Michigan, Inc.
STREET 10401 Old Monroe Road
CITY Matthews
STATE North Carolina
ZIP/POSTAL CODE 28105
COUNTRY United States
OWNER SECTION (proposed)
NAME Family Dollar Stores of Michigan, Inc.
STREET 10401 Old Monroe Road
CITY Matthews
STATE North Carolina
ZIP/POSTAL CODE 28105
COUNTRY United States
EMAIL XXXX
AUTHORIZED TO COMMUNICATE VIA E-MAIL Yes
LEGAL ENTITY SECTION (current)
TYPE corporation
STATE/COUNTRY OF INCORPORATION Michigan
EXPLANATION OF FILING

Registrant seeks to amend its registration to include a restriction in International Class 5. The registration currently identifies "herbal supplements; fiber as dietary supplements; vitamins; dietary or nutritional supplements; mineral supplements."  Registrant seeks to amend Class 5 identification as follows (amendment underlined):  "herbal supplements; fiber as dietary supplements; vitamins; dietary or nutritional supplements; mineral supplements, all of the foregoing to be sold through stores, facilities, or websites that are owned or operated by Registrant or its affiliates or successors, or through third-party stores, facilities or websites that access the stores, facilities or websites of Registrant or its affiliates or successors."

GOODS AND/OR SERVICES SECTION (current)
U.S. CLASS 005
IDENTIFICATION
herbal supplements; fiber as dietary supplements; vitamins; dietary or nutritional supplements; mineral supplements
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 05/05/2012
        FIRST USE IN COMMERCE DATE At least as early as 05/05/2012
GOODS AND/OR SERVICES SECTION (proposed)
U.S. CLASS 005
IDENTIFICATION
herbal supplements; fiber as dietary supplements; vitamins; dietary or nutritional supplements; mineral supplements, all of the foregoing to be sold through stores, facilities, or websites that are owned or operated by Registrant or its affiliates or successors, or through third-party stores, facilities or websites that access the stores, facilities or websites of Registrant or its affiliates or successors.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 05/05/2012
       FIRST USE IN COMMERCE DATE At least as early as 05/05/2012
ATTORNEY SECTION
ORIGINAL ADDRESS SUSAN S. JACKSON
K & L GATES LLP
Post Office Box 33144
Charlotte
North Carolina (NC)
United States (USX)
28233
NEW ATTORNEY SECTION
NAME William M. Bryner
FIRM NAME Kilpatrick Townsend & Stockton LLP
INDIVIDUAL ATTORNEY
DOCKET/REFERENCE NUMBER
94874-911373
STREET 1001 West Fourth Street
CITY Winston-Salem
STATE North Carolina
ZIP/POSTAL CODE 27101
COUNTRY United States
PHONE 336-607-7300
FAX 336-607-7500
EMAIL tmadmin@kilpatricktownsend.com
AUTHORIZED EMAIL COMMUNICATION Yes
CORRESPONDENCE SECTION
ORIGINAL ADDRESS SUSAN S. JACKSON
K & L GATES LLP
Post Office Box 33144
Charlotte
North Carolina (NC)
United States (USX)
28233
NEW CORRESPONDENCE SECTION
NAME William M. Bryner
FIRM NAME Kilpatrick Townsend & Stockton LLP
DOCKET/REFERENCE NUMBER 94874-911373
STREET 1001 West Fourth Street
CITY Winston-Salem
STATE North Carolina
ZIP/POSTAL CODE 27101
COUNTRY United States
PHONE 336-607-7500
FAX 336-607-7500
EMAIL tmadmin@kilpatricktownsend.com;wbryner@kilpatricktownsend.com, lamiller@kilpatricktownsend.com, kfrith@kilpatricktownsend.com
AUTHORIZED EMAIL COMMUNICATION Yes
PAYMENT SECTION
TOTAL AMOUNT 100
TOTAL FEES DUE 100
SIGNATURE SECTION
DECLARATION SIGNATURE /Sandra L. Boscia/
SIGNATORY'S NAME Sandra L. Boscia
SIGNATORY'S POSITION Assistant Secretary
DATE SIGNED 04/07/2015
REQUEST SIGNATURE /William M. Bryner/
SIGNATORY'S NAME William M. Bryner
SIGNATORY'S POSITION Attorney of Record, North Carolina bar member
DATE SIGNED 04/07/2015
AUTHORIZED SIGNATORY YES
CONCURRENT § 8, 8 &15, OR 8 &9 FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Tue Apr 07 11:31:38 EDT 2015
TEAS STAMP USPTO/S7R-XX.X.XX.XXX-201
50407113138537904-4485498
-53065fe5874ccf5b95a61177
ad875b691ecbbb95648ecabfe
5646625ac3c06af3-CC-9623-
20150406144313945355



PTO Form 1597 (Rev 11/2007)
OMB No. 0651-0055 (Exp. 07/31/2018)

Section 7 Request Form


To the Commissioner for Trademarks:

The registrant requests the following amendment(s) to registration no. 4485498 FAMILY WELLNESS(Standard Characters, see http://uspto.report/TM/85212967/mark.png) has been amended as follows:

EXPLANATION OF FILING

Registrant seeks to amend its registration to include a restriction in International Class 5. The registration currently identifies "herbal supplements; fiber as dietary supplements; vitamins; dietary or nutritional supplements; mineral supplements."  Registrant seeks to amend Class 5 identification as follows (amendment underlined):  "herbal supplements; fiber as dietary supplements; vitamins; dietary or nutritional supplements; mineral supplements, all of the foregoing to be sold through stores, facilities, or websites that are owned or operated by Registrant or its affiliates or successors, or through third-party stores, facilities or websites that access the stores, facilities or websites of Registrant or its affiliates or successors."



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Registrant proposes to amend the following class of goods/services in the application:
Current: Class 005 for herbal supplements; fiber as dietary supplements; vitamins; dietary or nutritional supplements; mineral supplements
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/05/2012 and first used in commerce at least as early as 05/05/2012, and is now in use in such commerce.

Proposed: Class 005 for herbal supplements; fiber as dietary supplements; vitamins; dietary or nutritional supplements; mineral supplements, all of the foregoing to be sold through stores, facilities, or websites that are owned or operated by Registrant or its affiliates or successors, or through third-party stores, facilities or websites that access the stores, facilities or websites of Registrant or its affiliates or successors.
Filing Basis: Section 1(a), Use in Commerce: The registrant is using the mark in commerce, or the registrant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/05/2012 and first used in commerce at least as early as 05/05/2012, and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Registrant proposes to amend the following:
Current: Family Dollar Stores of Michigan, Inc., a corporation of Michigan, having an address of
      10401 Old Monroe Road
      Matthews, North Carolina 28105
      United States
Proposed: Family Dollar Stores of Michigan, Inc., a corporation of Michigan, having an address of

      10401 Old Monroe Road
      Matthews, North Carolina 28105
      United States
      XXXX


ATTORNEY INFORMATION
Registrant proposes to amend the following:
Current: SUSAN S. JACKSON K & L GATES LLP Post Office Box 33144 Charlotte North Carolina (NC) United States (USX) 28233
Proposed: William M. Bryner of Kilpatrick Townsend & Stockton LLP, having an address of 1001 West Fourth Street Winston-Salem, North Carolina United States 27101, whose e-mail address is tmadmin@kilpatricktownsend.com, whose phone number is 336-607-7300 and whose fax number is 336-607-7500.
The attorney docket/reference number is 94874-911373.



CORRESPONDENCE ADDRESS CHANGE
Registrant proposes to amend the following:
Current: SUSAN S. JACKSON K & L GATES LLP Post Office Box 33144 Charlotte North Carolina (NC) United States (USX) 28233
Proposed: William M. Bryner of Kilpatrick Townsend & Stockton LLP, having an address of 1001 West Fourth Street Winston-Salem, North Carolina United States 27101, whose e-mail address is tmadmin@kilpatricktownsend.com;wbryner@kilpatricktownsend.com, lamiller@kilpatricktownsend.com, kfrith@kilpatricktownsend.com, whose phone number is 336-607-7500 and whose fax number is 336-607-7500.
The docket/reference number is 94874-911373.


FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
The signatory being 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 submission, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Signature: /Sandra L. Boscia/      Date: 04/07/2015
Signatory's Name: Sandra L. Boscia
Signatory's Position: Assistant Secretary
Signatory's Phone: Contact Attorney of Record

Request Signature
Signature: /William M. Bryner/     Date: 04/07/2015
Signatory's Name: William M. Bryner
Signatory's Position: Attorney of Record, North Carolina bar member

Signatory's Phone: 336-607-7300

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the registrant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the registrant in this matter: (1) the registrant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the registrant has filed a power of attorney appointing him/her in this matter; or (4) the registrant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is NOT filing a Declaration of Use of Mark under Section 8; a Combined Declaration of Use of Mark under Sections 8 & 15; or a Combined Declaration of Use of Mark/Application for Renewal of Registration of Mark under Sections 8 & 9 in conjunction with this Section 7 Request.

Mailing Address:    William M. Bryner
   Kilpatrick Townsend & Stockton LLP
   1001 West Fourth Street
   Winston-Salem, North Carolina 27101
        
RAM Sale Number: 4485498
RAM Accounting Date: 04/07/2015
        
Serial Number: 85212967
Internet Transmission Date: Tue Apr 07 11:31:38 EDT 2015
TEAS Stamp: USPTO/S7R-XX.X.XX.XXX-201504071131385379
04-4485498-53065fe5874ccf5b95a61177ad875
b691ecbbb95648ecabfe5646625ac3c06af3-CC-
9623-20150406144313945355


Section 7 Request [image/jpeg]


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