Statement of Use

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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

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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 1553 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: WELLSPRING CREAMERY (Stylized and/or with Design, see http://uspto.report/TM/88010989/mark.png)
SERIAL NUMBER: 88010989



The applicant, Whole Foods Market IP, L.P., having an address of
      550 Bowie Street, 6th Floor
      Austin, Texas 78703
      United States
is submitting the following allegation of use information:

For International Class 029:
Current identification: 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

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are permanently deleted: 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; 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

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Cheeses.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 05/01/2011, and first used in commerce at least as early as 05/01/2011, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) Photo of the goods bearing the mark.
Specimen File1


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Christopher L. Graff. Christopher L. Graff of Pirkey Barber PLLC, is located at

      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
The docket/reference number is WFMJ327US.

The phone number is 512-322-5200.

The email address is tmcentral@pirkeybarber.com

The applicants proposed attorney information: Christopher L. Graff. Other appointed attorneys are All other attorneys with the firm. Christopher L. Graff of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
The docket/reference number is WFMJ327US.

The phone number is 512-322-5200.

The fax number is 512-322-5201.

The email address is tmcentral@pirkeybarber.com

Christopher L. Graff submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: CHRISTOPHER L. GRAFF. CHRISTOPHER L. GRAFF of Pirkey Barber PLLC, is located at

      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
The docket/reference number is WFMJ327US.

The phone number is 512-322-5200.

The email address is tmcentral@pirkeybarber.com

The applicants proposed correspondence information: CHRISTOPHER L. GRAFF. CHRISTOPHER L. GRAFF of Pirkey Barber PLLC, is located at

      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
The docket/reference number is WFMJ327US.

The phone number is 512-322-5200.

The fax number is 512-322-5201.

The email address is tmcentral@pirkeybarber.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified. For a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified. For a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 submission 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.

Signature: /albert percival/      Date Signed: 11/18/2019
Signatory's Name: Albert Percival
Signatory's Position: Secretary
Signatory's Phone: 512-322-5200

Mailing Address:
   Pirkey Barber PLLC
   
   1801 East 6th Street, Suite 300
   Austin, Texas 78702

RAM Sale Number: 88010989
RAM Accounting Date: 11/18/2019

Serial Number: 88010989
Internet Transmission Date: Mon Nov 18 11:52:41 EST 2019
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-201911181152418
66192-88010989-700d735e24fd31c2afa797d13
08812638918237f767bc92e8b66d4c66d0b513-C
C-52406904-20191113104036232010