TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88369419 FOODLAND FRESH FRIENDLY EVERYDAY (Stylized and/or with Design, see http://uspto.report/TM/88369419/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Registration has been refused based upon marks that are owned by Applicants related company, SUPERVALU Holdings, Inc. Both Applicant and SUPERVALU Holdings, Inc. are commonly owned and controlled with the same physical addresses and the usage of the Applicants mark and the cited marks are controlled by the same team of individuals at both companies. In this regard, pursuant to TMEP Section 1201.07(a), there is a unity of control and single source of goods from both companies. Applicant therefore submits that the refusal based upon the cited marks should be withdrawn and the application proceed to publication.

EVIDENCE
Evidence in the nature of Secretary's Certificate detailing corporate relationship has been attached.
Original PDF file:
evi_16522538250-20200305150046714089_._Secretary_Certificate.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: SUPERVALU LICENSING LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      11840 Valley View Road
      Eden Prairie, Minnesota 55344
      United States

Proposed: SUPERVALU LICENSING LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      11840 Valley View Road
      Eden Prairie, Minnesota 55344
      United States
      Email Address: XXXX
      401-528-8634
Correspondence Information (current):
      Robert Knychalski
      PRIMARY EMAIL FOR CORRESPONDENCE: IPLegalTeam@unfi.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sean.wiggins@unfi.com
Correspondence Information (proposed):
      SUPERVALU LICENSING LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: IPLegalTeam@unfi.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): sean.wiggins@unfi.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /KK/     Date: 03/09/2020
Signatory's Name: Kristina Kepner
Signatory's Position: Vice President and Assistant Secretary

Signatory's Phone Number: 401-528-8634

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Robert Knychalski
   United Natural Foods, Inc.
   
   313 Iron Horse Way
   Providence, Rhode Island 02908
Mailing Address:    SUPERVALU LICENSING LLC
   11840 Valley View Road
   Eden Prairie, Minnesota 55344
        
Serial Number: 88369419
Internet Transmission Date: Mon Mar 09 12:04:11 ET 2020
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XXX-202003091204116
38936-88369419-7104a511b22471445c7ffdb97
1276d67863fa7da83eb6a5c78e4c7b778dcebeac
-N/A-N/A-20200309120202648293