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 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88483063 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 125 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88483063/mark.png |
| LITERAL ELEMENT |
FOODLAND CLOSE TO HOME |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) red, black, and white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the words "FOODLAND CLOSE TO HOME", with the word "FOODLAND" in red upper case letters , with a leaf design as part of the
letter "F". The words "CLOSE TO HOME" are below the word "FOODLAND" and are in upper case letters with red shading and outlined in black. The letters "C" and "H" are in stylized letters. |
| OWNER SECTION (current) |
| NAME |
SUPERVALU LICENSING LLC |
| STREET |
11840 Valley View Road |
| CITY |
Eden Prairie |
| STATE |
Minnesota |
| ZIP/POSTAL CODE |
55344 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
| OWNER SECTION (proposed) |
| NAME |
SUPERVALU LICENSING LLC |
| STREET |
11840 Valley View Road |
| CITY |
Eden Prairie |
| STATE |
Minnesota |
| ZIP/POSTAL CODE |
55344 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
| PHONE |
401-528-8634 |
| EMAIL |
IPLegalTeam@unfi.com |
| ARGUMENT(S) |
| Registration has been refused based upon marks that are owned by Applicants related company, SUPERVALU Holding, Inc. Both Applicant and SUPERVALU
Holding, 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cited marks should be withdrawn and the application proceed to publication.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 SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_16522538250-20200304162432067381_._Secretary_Certificate.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT18\IMAGEOUT18\884\830\88483063\xml1\ROA0002.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Secretary's Certificate detailing corporate relationship |
| ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) red, black, tan and white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of he words FOODLAND CLOSE TO HOME, with the word FOODLAND in red upper case letters, with a leaf design as part of the
letter F. The words CLOSE TO HOME are below the word FOODLAND and are in upper case letters with tan shading and outlined in black. The letters C and H are in stylized letters. |
| CORRESPONDENCE INFORMATION (current) |
| NAME |
Robert Knychalski |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
IPLegalTeam@unfi.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
sean.wiggins@unfi.com |
| CORRESPONDENCE INFORMATION (proposed) |
| NAME |
SUPERVALU LICENSING LLC |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
IPLegalTeam@unfi.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
sean.wiggins@unfi.com |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/KK/ |
| SIGNATORY'S NAME |
Kristina Kepner |
| SIGNATORY'S POSITION |
Vice President and Assistant Secretary |
| SIGNATORY'S PHONE NUMBER |
401-528-8634 |
| DATE SIGNED |
03/09/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Mar 09 11:54:11 ET 2020 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20200309115411102716-8848
3063-710a26e99e0de4e738d2
a5b9e31d6660daea9d646c7dc
9df8a373d478cef9ce-N/A-N/
A-20200309114638566217 |
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 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
88483063 FOODLAND CLOSE TO HOME (Stylized and/or with Design, see http://uspto.report/TM/88483063/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 Holding, Inc. Both Applicant and SUPERVALU Holding, 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_16522538250-20200304162432067381_._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: IPLegalTeam@unfi.com
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).
ADDITIONAL STATEMENTS
Color Claim
The color(s) red, black, tan and white is/are claimed as a feature of the mark.
Description of mark
The mark consists of he words FOODLAND CLOSE TO HOME, with the word FOODLAND in red upper case letters, with a leaf design as part of the letter F. The words CLOSE TO HOME are below the word FOODLAND
and are in upper case letters with tan shading and outlined in black. The letters C and H are in stylized letters.
SIGNATURE(S)
Response 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.
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: 88483063
Internet Transmission Date: Mon Mar 09 11:54:11 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202003091154111
02716-88483063-710a26e99e0de4e738d2a5b9e
31d6660daea9d646c7dc9df8a373d478cef9ce-N
/A-N/A-20200309114638566217
