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: 90566111

Filing Date: 03/08/2021

To the Commissioner for Trademarks:

MARK: H-E-B (Standard Characters, see mark)
The literal element of the mark consists of H-E-B. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, H-E-B, LP, a limited partnership legally organized under the laws of Texas, comprising of HEBCO GP, L.L.C., a Texas limited liability company, its sole General Partner, having an address of
      646 South Flores
      San Antonio, Texas 78204
      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 028:  Role playing toys in the nature of play sets for children to imitate real life occupations; toy cash registers; play money; toy food; toy bakeware and cookware; toy ironing sets; toy cleaning sets; toy household appliances; toy vacuum cleaners; play kitchens; toy cooking accessories; toy cooking appliances; toy dishes; toy pots and pans; toy cooking utensils; toy kitchen appliances; toy shopping carts; toy sinks; toy carts; children's multiple activity toys; children's educational toys for developing fine motor skills; children's educational toys for developing cognitive skills; children's educational toys for developing counting skills; toy building blocks capable of interconnection; toy sets of carpenters' tools; toys, namely, children's dress-up accessories; toy bakeware and cookware; toy food; toy shopping carts; role playing toys in the nature of play sets for children to imitate real life occupations; role playing games; children's play cosmetics

In International Class 028, 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 05/00/2009, and first used in commerce at least as early as 05/00/2009, 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) photographs of products bearing the mark and point of purchase material.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-721826135-2021030113 2032461846_._Specimen_2_- _H-E-B_Basket_Playset_POP.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-721826135-2021030113 2032461846_._Specimen_4_- _H-E-B_Shopping_Cart_POP.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: http://www.heb.com/product-detail/h-e-b-food-basket-with-play-food/1688353
Webpage Date of Access: 03/01/2021
Webpage URL: http://www.heb.com/product-detail/h-e-b-children-s-plastic-shopping-cart/1894398
Webpage Date of Access: 03/01/2021


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1530250, 1840693, 1958687, and others.

Miscellaneous Statement
The dates of first use apply only to "toy food."


For informational purposes only, applicant's website address is: www.heb.com

The owner's/holder's proposed attorney information: Sherri L. Eastley. Other appointed attorneys are Megan R. Bradshaw and all other attorneys with the firm. Sherri L. Eastley of Pirkey Barber 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
      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
      512-322-5200(phone)
      tmcentral@pirkeybarber.com
The docket/reference number is HEBG121US9.
Sherri L. Eastley 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:

Sherri L. Eastley

PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): seastley@pirkeybarber.com; kcilino@pirkeybarber.com; mbradshaw@pirkeybarber.com; trademarks@heb.com 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: /Sharla Gray/   Date: 03/08/2021
Signatory's Name: Sharla Gray
Signatory's Position: Senior Managing Counsel
Signatory's Phone Number: 210-938-7306
Signature method: Sent to third party for signature
Payment Sale Number: 90566111
Payment Accounting Date: 03/08/2021

Serial Number: 90566111
Internet Transmission Date: Mon Mar 08 16:37:38 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202103081637387
92460-90566111-77067da40adf3d5d34277a0af
556e71ce9b0bfa7be1f19ac88a8899c3de261a34
e-CC-37371064-20210302135707163084