Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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: 97110580

Filing Date: 11/05/2021

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 044:  Medical services; Medical clinics; Healthcare services; Nutrition counseling; Dietary and nutritional guidance; Providing information in the field of nutrition; Dietitian services; Providing weight loss program services; Medical radiology services; Surgery; Minimally invasive surgical services; Physician services; Medical testing for diagnostic or treatment purposes; Psychological testing for medical purposes; physical therapy; Occupational therapy services; Chiropractic services; Hearing aid services; Hearing and audiological services; Behavioral health services; Mental health services; Psychiatric services; Home health care services; Providing medical information, consultancy and advisory services; Providing medical information; Preparation of prescriptions by pharmacists; Conducting medical physical evaluations; Medical diagnostic testing, monitoring and reporting services; Lab diagnostics in the nature of medical testing for diagnostic purposes; Medical analysis services relating to the treatment of patients; Providing healthy lifestyle and nutrition services, namely, personal assessments, personalized routines, maintenance schedules, and counseling; Medication management counseling services; Medical screening; Clinical medical practice consultation services; Health care services, namely, disease management programs; Managed health care services; Conducting medical evaluations for patient triage; Nursing services; Home-visit nursing care; Medical clinic providing weight loss solutions, services and programs, nutrition counseling, hormone therapy, including, bioidentical hormone replacement, anti-aging therapy, and natural hormone therapy, medical aesthetic procedures, including, laser hair removal, laser peels, botulinum toxin treatments, microdermabrasion, liposuction, vein treatments, vein therapy, cellulite treatments, body contouring treatments, injectable filler treatments, facials, and skin care; rental and leasing of medical equipment; health care services, namely, personal care services, mental health services, primary care medical services, over the counter medical service, dental hygienist services, urgent dental care center services; Dental services, namely, performing restorative and cosmetic procedures; Ophthalmology services; Optometry services; X-ray technician services; X-ray examinations for medical purposes; Speech therapy services; Speech pathology therapy services; Speech and language therapy services; Auditory rehabilitation services for building speech understanding ability
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) 4390823, 4209961, and 3243440.


For informational purposes only, applicant's website address is: 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 HEBG121US12.
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; mbradshaw@pirkeybarber.com; kcilino@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: /Jeannine Vasquez/   Date: 11/05/2021
Signatory's Name: Jeannine Vasquez
Signatory's Position: Legal Research Manager
Signatory's Phone Number: 210-938-5184
Signature method: Signed directly within the form
Payment Sale Number: 97110580
Payment Accounting Date: 11/05/2021

Serial Number: 97110580
Internet Transmission Date: Fri Nov 05 13:16:30 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2021110513163069
1824-97110580-7819fa8f49c236a458b51afd32
ff8a569878c92d1ad3f4bf2772a38186353fbbb1
-CC-16293083-20211105131256206658