Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85489540

Filing Date: 12/07/2011

To the Commissioner for Trademarks:

MARK: KROGER (Standard Characters, see mark)
The literal element of the mark consists of KROGER.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, The Kroger Co. of Michigan, a corporation of Michigan, having an address of
      40399 Grand River Avenue
      Novi, Michigan 48375
      United States


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, for the following:

       International Class 035:  Pharmacy services

In International Class 035, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/00/1974, and first used in commerce at least as early as 01/00/1974, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) 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) digital screenshot of webpage.
Specimen File1


The applicant's current Attorney Information:
      Richard L. Kirkpatrick and Laura C. Gustafson, 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 94120-7880
      United States
The attorney docket/reference number is 061148-0401445.

The applicant's current Correspondence Information:

Richard L. Kirkpatrick

Pillsbury Winthrop Shaw Pittman LLP

Calendar/Docketing Department       P.O. Box 7880

San Francisco, California 94120-7880

415-983-1802(phone)

415-983-1200(fax)

sftrademarks@pillsburylaw.com (authorized)

A fee payment in the amount of $325 has been 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.

Declaration Signature

Signature: /per Paul W. Heldman, Vice President and Secretary/   Date: 12/07/2011
Signatory's Name: Richard L. Kirkpatrick
Signatory's Position: Attorney of Record, California Bar Member
RAM Sale Number: 2160
RAM Accounting Date: 12/08/2011

Serial Number: 85489540
Internet Transmission Date: Wed Dec 07 15:30:13 EST 2011
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201112071530130
29905-85489540-4904ed0c2d765b2c914aabd4b
404f256eb2-DA-2160-20111207145621712590