TEAS RF New Application

PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 88693878

Filing Date: 11/15/2019

To the Commissioner for Trademarks:

MARK: fresh harvest (stylized and/or with design, see mark)
The literal element of the mark consists of fresh harvest. The color(s) red is/are claimed as a feature of the mark. The mark consists of the words fresh and harvest in stylized font to right right of a barn.
The applicant, Brookshire Brothers, Inc., a corporation of Texas, having an address of
      1201 Ellen Trout Drive
      Lufkin, Texas 75904
      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 035:  retail grocery store services; retail convenience store services; and retail pharmacy services
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 2921695, 3172215, 3126710, and others.


The applicant hereby appoints Eric T. Fingerhut. Other appointed attorneys are Shannon M. McKeon, Daniel Harkins. Eric T. Fingerhut of Dykema Gossett 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
      Suite 1100 West
      1301 K Street, N.W.
      Washington, District of Columbia 20005
      United States
      tm@dykema.com (authorized).
The attorney docket/reference number is 720364.0175.
Eric T. Fingerhut 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:

Eric T. Fingerhut

Dykema Gossett PLLC

Suite 1100 West       1301 K Street, N.W.

Washington, District of Columbia 20005

tm@dykema.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: /eric t. fingerhut/   Date: 11/15/2019
Signatory's Name: Eric T. Fingerhut
Signatory's Position: Attorney of record, DC Bar member
Payment Sale Number: 88693878
Payment Accounting Date: 11/15/2019

Serial Number: 88693878
Internet Transmission Date: Fri Nov 15 11:44:20 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20191115114420468
288-88693878-7009e4738ed13abcc3da4e03af2
626fcaa793f6fe2521ecea5845cafe7ccdca6-DA
-44208428-20191115114244827081