TEAS RF New Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86842933

Filing Date: 12/08/2015

To the Commissioner for Trademarks:

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

The literal element of the mark consists of TOPS.
The color(s) red and white is/are claimed as a feature of the mark. The mark consists of a red and white hexagon design, to the right of which appears the word "TOPS" in red script.
The applicant, Tops Markets, LLC, a limited liability company legally organized under the laws of New York, having an address of
      P.O. Box 1027
      Buffalo, New York 14240-1027
      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:  Retail store services in the field of groceries, gasoline and convenience store items

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 03/19/1973, and first used in commerce at least as early as 03/19/1973, 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/services, consisting of a(n) The specimen is a photo of store signage. The dates of first use pertain to the retail store services in the field of groceries..

Original PDF file:
SPE0-15118145-20151208174311901976_._TopsStoreSignage.pdf
Converted PDF file(s) (1 page)
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 0763677, 2326652, 2326658, and others.

The applicant's current Attorney Information:
      Anne F. Downey, Esq. and Ranjana Kadle, Ph.D., George L. Snyder, R. Kent Roberts, John D. Lopinski, Ph.D., Paul J. Roman, Jr., Ph.D., Alfonzo I. Cutaia, Charles S. Rauch, Jordan L. Walbesser, Nathaniel W. Lucek, and Daniel F. Dovi of Hodgson Russ LLP
      The Guaranty Building
      140 Pearl Street, Suite 100
      Buffalo, New York 14202
      United States
      716-856-4000(phone)
      adowney@hodgsonruss.com (authorized)
The attorney docket/reference number is 054594.00145.

The applicant's current Correspondence Information:

Anne F. Downey, Esq.

Hodgson Russ LLP

The Guaranty Building       140 Pearl Street, Suite 100

Buffalo, New York 14202

716-856-4000(phone)

adowney@hodgsonruss.com;ipdocketing@hodgsonruss.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or any registration resulting therefrom, 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.

Declaration Signature

Signature: /anne f. downey, esq./   Date: 12/08/2015
Signatory's Name: Anne F. Downey, Esq.
Signatory's Position: applicant's attorney, licensed in NY
RAM Sale Number: 86842933
RAM Accounting Date: 12/09/2015

Serial Number: 86842933
Internet Transmission Date: Tue Dec 08 17:55:23 EST 2015
TEAS Stamp: USPTO/BAS-XXX.XXX.X.X-201512081755233080
78-86842933-5502648811939b4f772929dcec6f
31dd1d195f55ca8f6678dc61605b8f2f87d044-D
A-16845-20151208174311901976