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NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: Jun 4, 2019 |
U.S. Serial Number: 88010989
Mark: WELLSPRING CREAMERY (Stylized/Design)
Docket/Reference Number: WFMJ327US
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| No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of
a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration
certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline. |
| SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: |
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An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the
application, if use basis was not specified originally); OR |
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An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must
be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six
(36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA. |
How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many
legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.
If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199. |
| FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS
APPLICATION. |
REVIEW APPLICATION INFORMATION FOR ACCURACY |
| Serial Number: |
88010989
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| Mark: |
WELLSPRING CREAMERY (Stylized/Design)
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| Docket/Reference Number: |
WFMJ327US
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| Owner: |
Whole Foods Market IP, L.P.
550 Bowie Street, 6th Floor
Austin , TEXAS 78703
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| Correspondence Address: |
CHRISTOPHER L. GRAFF
PIRKEY BARBER PLLC
600 CONGRESS AVENUE, SUITE 2120
AUSTIN, TX 78701
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This application has the following bases, but not necessarily for all listed goods/services: |
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Section 1(a): NO |
Section 1(b): YES |
Section 44(e): NO |
| GOODS/SERVICES BY INTERNATIONAL CLASS |
| 029 - |
Almond milk; almonds, ground; anchovy not alive; apple purée; bacon; blanched nuts; bouillons; broth concentrates; broth; butter substitutes; butter; buttercream;
caffeine-coated nuts; candied fruits; candied nuts; canned tomatoes; canned tuna; caviar; charcuterie; cheese products, namely, cheese dips, cheese fondue, cheese powders, cheese spread, cheese-based
snack foods; cheeses; chili; clams, not live; coconut milk; edible coconut oil; coconut, desiccated; processed coconut-based snacks; condensed milk; cooked and frozen fruits and vegetables; cooked
vegetables; cooking oil; edible corn oil; cream cheese; cream; dairy products, namely, dairy-based dips, dairy-based spreads, dairy-based beverages, dairy-based snack bars; processed dates; dips;
dried fruit mixes; dried fruit; dried lentils; dried meats; dried truffles; dried vegetables; drinking yogurts; edible birds' nests; edible oils, namely, pumpkin seed, sesame, soybean, sunflower,
almond, hazelnut, pine nut, pistachio, walnut, macadamia, pecan, beech nut, cashew, mongongo nut, brazil nut, and peanut oils; egg salads; egg substitutes; eggs; evaporated milk; fish fillets; fish
mousses; fish, preserved; flavored milk; flavored nuts; food package combinations consisting primarily of cheese, meat and/or processed fruit; formed textured vegetable protein for use as a meat
substitute; frozen boxed dinners consisting primarily of meat, fish, poultry or vegetables; frozen fruits; frozen, frosted, preserved, processed, dried, cooked or crystallized fruit extracts for use
in prepared meals or food ; frozen, prepared, and packaged meals consisting primarily of vegetable-based entrees; fruit chips; fruit jellies; fruit or vegetable based snack foods; fruit peel; fruit
preserves; fruit salads; fruit spreads; fruit, preserved; fruit-based organic food bars also containing whole grain; fruit-based raw food bars; fruit-based snack foods; gherkins ; half and half; ham;
hemp milk; hummus; jellies, jams, compotes; kefir; lard; legume salads; lentils, preserved; liver pâté; margarine; meat extracts; food additives for culinary purposes in the nature of fish extracts
and tomato extracts; meat, fish, poultry , seafood, and game, not live; meat, preserved; meat-based snack foods; milk and milk products; milk powder for foodstuffs; milk shakes; milk substitutes;
milk-based beverage flavored with chocolate; mushrooms, preserved; nut butters; nut meats; nut-based snack foods; oat milk; oils and fats for food; edible olive oil; olives, preserved; onions,
preserved; packaged meals consisting primarily of meat, fish, poultry or vegetables; palm kernel oil for food; palm oil for food; paté; peanut butter; peanut milk; peanuts, processed; peas,
preserved; pickled vegetables; pickles; pork; potato chips; potato-based salads; potato-based snack foods; poultry salads; poultry, not live; powdered eggs; prepared appetizers consisting primarily
of meat, fish, poultry, seafood, or vegetables; prepared entrees consisting primarily of meat, fish, poultry, seafood, or vegetables; prepared entrees consisting primarily of vegetables, soups, fruit
salads and vegetable salads; prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables, ready for cooking and assembly as a meal; prepared meals consisting primarily of meat
substitutes; prepared meals consisting primarily of meat, fish, poultry, seafood, vegetables, or egg; prepared nuts; prepared side dishes consisting primarily of meat, fish, poultry, seafood, or
vegetables; preserved beans; preserved garlic; preserved soya beans for food; preserved truffles; preserved vegetables; preserves, namely, meat preserves, fish preserves, poultry preserves, game
preserves, fruit preserves, vegetable preserves and tomato preserves; processed beans; processed fruit- and nut-based food bars; processed fruits and vegetables; processed meat; processed nuts;
processed potatoes; processed seafood; processed seeds; processed tomatoes; processed, canned, dried and preserved fruits and vegetables; raisins; rape oil for food; rennet; rice milk; roasted nuts;
sauerkraut; sausages; seafood, not live; seasoned nuts; seaweed extracts for food; edible sesame oil; shelled nuts; snack mix consisting primarily of processed fruits, processed nuts and/or raisins;
snack mix consisting primarily of processed nuts, processed beans, and/or wasabi peas, and also containing crackers; snacks of edible seaweed; soups and preparations for making soups; soya milk;
soy-based food bars; soy-based snack foods; soybean milk; suet for food; tahini; toddler meals, namely, frozen entrees consisting primarily of meat, fish, poultry or vegetables; toddler meals,
namely, packaged entrees consisting primarily of meat, fish, poultry or vegetables; tofu; tofu-based snacks; tomato paste; tomato purée; truffle juice; unflavored and unsweetened gelatins; vegetable
chips; vegetable juices for cooking; vegetable salads; vegetable-based raw food bars; vegetable-based snack foods; whey; whipped cream; whipped toppings; white of eggs; yogurt; yogurt-based
beverages; yolk of eggs -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.
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| Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a
display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual
sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here. |
| Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the
USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed
in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its
cancellation. |
| Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations
and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199. |
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