Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90536346

Filing Date: 02/19/2021

To the Commissioner for Trademarks:

MARK: FX (Standard Characters, see mark)
The literal element of the mark consists of FX. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Heinen's, Inc., a corporation of Ohio, having an address of
      4540 Richmond Road
      Warrensville Heights, Ohio 44128
      United States
      XXXX

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 _______: Retail grocery store services, namely, sourcing, providing, identifying, and educating about healthy and nutritious foods, homeopathic remedies, aroma therapies, and health and beauty products; assisting customers with label reading; assisting customers with food recommendations, via personal consultations and identifying labels and signage; providing fee-based nutritional consultants and nutritional concierge services; providing discounts on targeted healthy and nutritious foods; education services, namely, providing live and on-line lectures, seminars, workshops, and webinars in the field of food, health, nutrition and wellness; personal coaching services in the field of health and nutrition; providing a website featuring resources, namely, non-downloadable publications in the nature of articles and brochures in the field of food, nutrition, recipes, and wellness; providing a website featuring non-downloadable videos in the field of food, nutrition, recipes, and wellness; providing fee-based nutritional consultants and nutritional concierge services; providing nutritional tips and recipes
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.



The owner's/holder's proposed attorney information: ROGER D. EMERSON, Esq.. Other appointed attorneys are Roger D. Emerson, Daniel A. Thomson, Timothy D. Bennett, John A. Skeriotis, Sergey Vernyuk, Peter R. Detorre, Deron A. Cook, Warren A. Rosborough, Woli I. Urbe. ROGER D. EMERSON, Esq. of EMERSON THOMSON BENNETT, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1914 AKRON-PENINSULA ROAD
      AKRON, Ohio 44313
      United States
      330-434-9999(phone)
      330-434-8888(fax)
      iplaw@etblaw.com
The docket/reference number is 23396.50014.
ROGER D. EMERSON, Esq. 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:

ROGER D. EMERSON, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: iplaw@etblaw.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $350 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Woli I. Urbe/   Date: 02/19/2021
Signatory's Name: Woli I. Urbe
Signatory's Position: Attorney of Record (NJ Bar 077132014)
Signatory's Phone Number: 330-434-9999
Signature method: Sent to third party for signature
Payment Sale Number: 90536346
Payment Accounting Date: 02/19/2021

Serial Number: 90536346
Internet Transmission Date: Fri Feb 19 15:24:25 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021021915242577
4493-90536346-770a9d41fb740ce2da123867c3
8f79bc639cb4f1dac9a772d59179f8e80762ae9-
DA-24253684-20210219145018311186