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: 88748149

Filing Date: 01/06/2020

To the Commissioner for Trademarks:

MARK: THAT'S SMART! (stylized and/or with design, see mark)
The literal element of the mark consists of THAT'S SMART!. The applicant is not claiming color as a feature of the mark. The mark consists of a solid oblong shaped circle with "That's Smart!" in stylized font and a stylized smile appearing within the circle. The word "That's" is placed on line one of the text, "Smart!" is placed on line two of the text, and the stylized smile is placed on line three.
The applicant, Hy-Vee, Inc., a corporation of Iowa, having an address of
      5820 Westown Parkway
      West Des Moines, Iowa 50266
      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 016:  Facial tissue

In International Class 016, 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 09/10/2019, and first used in commerce at least as early as 09/10/2019, 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) digital photograph of packaging for the goods.
Specimen File1

International Class 029:  Beef and beef grinds; Pork, namely, bacon, sausage; Cottage cheese

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 10/31/2019, and first used in commerce at least as early as 10/31/2019, 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) digital photograph of packaging for the goods.
Specimen File1
Specimen File2
Specimen File3

International Class 030:  Dessert toppings, namely, chocolate syrup; Ice-tea; Tea-based iced beverages

In International Class 030, 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 07/01/2019, and first used in commerce at least as early as 07/01/2019, 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) digital photographs of packaging for the goods.
Specimen File1
Specimen File2
Specimen File3



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5023976 and 5023997.


The applicant hereby appoints Timothy J. Zarley. Other appointed attorneys are Joshua J. Conley. Timothy J. Zarley of Zarley Law Firm, P.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Capital Square, Suite 200
      400 Locust Street
      Des Moines, Iowa 50309-2350
      United States
      515-558-0200(phone)
      515-558-7790(fax)
      tzarley@zarleylaw.com (authorized).
The attorney docket/reference number is T62575US0.
Timothy J. Zarley 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:

Timothy J. Zarley

Zarley Law Firm, P.L.C.

Capital Square, Suite 200       400 Locust Street

Des Moines, Iowa 50309-2350

515-558-0200(phone)

515-558-7790(fax)

tzarley@zarleylaw.com; kconrad@zarleylaw.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 $825 has been submitted with the application, representing payment for 3 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: /Timothy J. Zarley/   Date: 01/06/2020
Signatory's Name: Timothy J. Zarley
Signatory's Position: Attorney of record, Iowa bar member
Payment Sale Number: 88748149
Payment Accounting Date: 01/06/2020

Serial Number: 88748149
Internet Transmission Date: Mon Jan 06 15:39:32 EST 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2020010615393289
0781-88748149-700d7ec54a74c6546245a0a3f8
d83da3ebf53c88dada6f7baece6f616a16fdd2f-
CC-39311776-20200106152638417260