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: 85733077

Filing Date: 09/19/2012

To the Commissioner for Trademarks:

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

The literal element of the mark consists of RITE AID.
The mark consists of a shield design containing "RITE AID".
The applicant, Name Rite, L.L.C., a limited liability company legally organized under the laws of Delaware, having an address of
      27710 Jefferson Avenue, Suite 105
      Temecula, California 92590
      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 016:  Glue for stationery or household use; glue sticks for stationery or household use; disposable diapers; personal medication organizers; file folders; index cards; envelopes; paper; adhesive tapes for stationery or household purposes; bathroom tissue; facial tissue, paper tissues; paper towels; paper filters for coffee makers; paper napkins; cellulose wipes for household use; lunch bags; plastic wrap; general purpose plastic bags; plastic food storage bags for household use; freezer bags; plastic sandwich bags; plastic trash bags; pre-paid telephone calling cards, not magnetically encoded; binders; legal pads; notebook paper; notebooks; document portfolios; erasers; pencils; pens; drawing rulers

In International Class 016, 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 09/00/1989, and first used in commerce at least as early as 09/00/1989, 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) photograph of product.
Specimen File1



The applicant claims ownership of U.S. Registration Number(s) 1280221, 2893035, 2905999, and others.

The applicant's current Attorney Information:
      Dana S. Gross and the firm of Morgan, Lewis & Bockius LLP, MICHAEL F. CLAYTON, JAMES R. SIMS III, RON N. DREBEN, KAREN A. BUTCHER, ANITA B. POLOTT, CAROLE R. KLEIN, JOSEPH E. WASHINGTON, KRISTIN H. ALTOFF, GENE K. PARK, MEGAN K. BOWEN, DANA S. GROSS, DANIEL S. MARKS, JORDANA S. RUBEL, members of the District of Columbia Bar, and DANA M. NICOLETTI, member of the North Carolina Bar, all located at 1111 Pennsylvania Ave., NW, Washington, D.C. 20004, ROCHELLE D. ALPERT and CARLA B. OAKLEY, members of the California Bar, all located at One Market, Spear Street Tower, San Francisco, California 94105, and ANDREW J. GRAY IV, member of the California Bar, located at 2 Palo Alto Square, Suite 700, 3000 El Camino Real, Palo Alto, California 94306, all of whom should receive correspondence and documents related to this application through the offices of Morgan, Lewis & Bockius LLP
      1111 Pennsylvania Avenue, NW
      Washington, District of Columbia 20004
      United States
The attorney docket/reference number is 042648.0008.

The applicant's current Correspondence Information:

Dana S. Gross

Morgan, Lewis & Bockius LLP

1111 Pennsylvania Avenue, NW

Washington, District of Columbia 20004

202-739-5151(phone)

202-739-3001(fax)

trademarks@morganlewis.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: /James J. Comitale/   Date: 09/19/2012
Signatory's Name: James J. Comitale
Signatory's Position: Vice President
RAM Sale Number: 3006
RAM Accounting Date: 09/20/2012

Serial Number: 85733077
Internet Transmission Date: Wed Sep 19 16:21:53 EDT 2012
TEAS Stamp: USPTO/BAS-XX.XXX.XX.X-201209191621536659
77-85733077-490e94adcfb08c7e306df973e284
491e2e-DA-3006-20120919092911614188