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 02/28/2021)

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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 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88573704

Filing Date: 08/09/2019

To the Commissioner for Trademarks:

MARK: FOOD LION (stylized and/or with design, see mark)
The literal element of the mark consists of FOOD LION. The color(s) black and blue is/are claimed as a feature of the mark. The mark consists of the design of a lion in black above the words "Food" and "Lion" in blue.
The applicant, DZA Brands, LLC, a limited liability company legally organized under the laws of Florida, having an address of
      2110 Executive Drive
      Salisbury, North Carolina 28147
      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 029:  Frozen seafood

In International Class 029, 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 06/13/2013, and first used in commerce at least as early as 06/13/2013, 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) photograph of product packaging displaying mark.

Original PDF file:
SPE0-1481702412-20190809151045699199_._FOOD_LION_and_Design_Specimen_-_Frozen_Flounder.pdf
Converted PDF file(s) (1 page)
Specimen File1



Disclaimer
No claim is made to the exclusive right to use "FOOD" apart from the mark as shown.

Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4659628, 4659632, 4659630, and others.


The applicant hereby appoints John Gary Maynard, III. Other appointed attorneys are Stephen P. Demm and Matthew Nigriny. John Gary Maynard, III of Hunton Andrews Kurth LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Riverfront Plaza, East Tower
      951 East Byrd Street
      Richmond, Virginia 23219-4074
      United States
      804-788-8772(phone)
      804-344-7999(fax)
      HWRITM@HuntonAK.com (authorized).
The attorney docket/reference number is 46722.000039.
John Gary Maynard, III submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).

The applicant's current Correspondence Information:

John Gary Maynard, III

Hunton Andrews Kurth LLP

Riverfront Plaza, East Tower       951 East Byrd Street

Richmond, Virginia 23219-4074

804-788-8772(phone)

804-344-7999(fax)

HWRITM@HuntonAK.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 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

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use 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 To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	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.
	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.

Declaration Signature

Signature: /Lisa A. Szalaji/   Date: 08/09/2019
Signatory's Name: Lisa A. Szalaji
Signatory's Position: Director, Business and Regulatory Law
Payment Sale Number: 88573704
Payment Accounting Date: 08/09/2019

Serial Number: 88573704
Internet Transmission Date: Fri Aug 09 17:44:00 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2019080917440080
1579-88573704-6108e47994d2f8762c25b87c14
58e4f622279ad70a6f0e1f5e35964113d4177b07
7-DA-44007935-20190809151045699199