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: 97120427

Filing Date: 11/11/2021

To the Commissioner for Trademarks:

MARK: BEST CHOICE (Standard Characters, see mark)
The literal element of the mark consists of BEST CHOICE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Associated Wholesale Grocers, Inc., a corporation of Kansas, having an address of
      5000 Kansas Avenue
      Kansas City, Kansas 66106
      United States
      816-474-6550(phone)
      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 001:  Coolants; anti-freeze; artificial sweeteners

In International Class 001, 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 01/26/2001, and first used in commerce at least as early as 01/26/2001, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 003:  Wipes and sponges impregnated with a cleaning preparation; cleaning preparations; drain openers; bleaching preparations for household use; laundry detergent and detergent pods; stain removing preparations; dishwashing preparations and pods; rinse agents for dishwashing machines; wipes impregnated with a skin cleanser; non-medicated foot powder; foot deodorant spray; baby and body powder; non-medicated diaper rash creams and ointments; baby oil and lotion; skin soap, body wash, and bubble bath; hair shampoos and conditioners; hair detangling preparations; body wash; body lotion; petroleum jelly for cosmetic purposes; nail polish remover; hydrogen peroxide for cosmetic purposes; all-purpose cotton swabs for personal use; cotton balls, cotton pads, and cotton rounds for cosmetic purposes; gauze for cosmetic purposes; non-medicated mouth washes and rinses; sunscreen preparations; pre-shaving preparations; hydrogen peroxide for cosmetic use

In International Class 003, 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 04/01/1985, and first used in commerce at least as early as 04/01/1985, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 004:  Charcoal lighter fluid; lump charcoal and charcoal briquettes; artificial fire logs; solid fire starters; wood chips and pellets for smoking and grilling; motor oils

In International Class 004, 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 02/01/1989, and first used in commerce at least as early as 02/01/1989, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 005:  Adult and baby diapers; Incontinence garments in the nature of underwear; disposable training pants; panty liners; feminine hygiene, menstruation, and sanitation pads; tampons; laundry sheets impregnated with fabric softener; petroleum jelly for medical purposes; aloe vera gel for therapeutic purposes; vitamin and mineral supplements; natural herbal and dietary supplements; probiotics; sleep aid preparations; glucose dietary supplements; digestives for pharmaceutical purposes; micro-nutrient preparations for the prevention of heart and brain ailments; food supplements, namely, anti-oxidants; cough treatment preparations; rubbing compound for medical and/or therapeutic use; preparations for treating colds and influenza symptoms; dietary supplements for urinary and digestive health; vitamin supplement in tablet form for use in making an effervescent beverage when added to water; nasal spray preparations; saline solution for sinus and nasal irrigation; decongestants and decongestant inhalers; antihistamines; allergy relief medications; nausea treatment preparations; pharmaceutical preparations for treating allergies and congestion; pharmaceutical preparations for the treatment of the respiratory tract and sinuses; pain relief medication; anti-arthritic compositions and preparations; antifungal preparations; hemorrhoidal ointments; antibiotic creams; antacids; pharmaceutical agents affecting digestive organs; diarrhea medication; laxatives and laxative suppositories; enema preparations; stool softeners; dietary fiber to aid digestion and for treating constipation; gels and muscle-rub preparations for the relief of pain; pregnancy test kits for home use; hand sanitizer and sanitizing preparations for household use; first aid kits; bandages for dressings; adhesive bandages; liquid bandages for skin wounds; hydrocolloidal bandages; medical adhesive tape; sports tape; gauze; wart removing preparations; corn and callus cushions, plasters, pads, and remover pads; moleskin for medical purposes; lice treatment preparations and shampoo; hydrogen peroxide for medical use; Epsom salts; rubbing alcohol; anti-itch ointments, creams, lotions, gels; and sprays; anti-inflammatory creams, sprays, and gels; hydrocortisone cream; calamine lotion; eye drops and artificial tears; ear wax removal drops and kits; throat lozenges and cough drops; medicated throat spray; contact lens solutions and cleaning preparations

In International Class 005, 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 07/24/1995, and first used in commerce at least as early as 07/24/1995, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 006:  Aluminum foil

In International Class 006, 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 08/25/1985, and first used in commerce at least as early as 08/25/1985, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 008:  Disposable tableware, namely, knives, forks and spoons; razors and razor blades

In International Class 008, 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 07/24/1995, and first used in commerce at least as early as 07/24/1995, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 009:  Batteries

In International Class 009, 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 05/01/2000, and first used in commerce at least as early as 05/01/2000, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 010:  Heating and cooling patches for medical use; supportive bandages; external nasal dilators; thermometers for medical purposes; thermometer probe covers

In International Class 010, 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 02/08/1997, and first used in commerce at least as early as 02/08/1997, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 011:  Utility lighters for lighting grills, fireplaces and candles; light bulbs

In International Class 011, 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 07/24/1995, and first used in commerce at least as early as 07/24/1995, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 016:  Garbage bags; freezer bags, sandwich bags, and plastic storage plastic bags for household use; toilet tissue; plastic bags for oven and slow cooker cooking; paper bags; paper towels; facial tissue; bathroom tissue; paper napkins; wax paper; plastic wrap; paper coffee filters; adhesive tapes for stationery and household use; glue for stationary and household use

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 05/01/1985, and first used in commerce at least as early as 05/01/1985, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 017:  Duct and masking tape

In International Class 017, 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 05/08/2012, and first used in commerce at least as early as 05/08/2012, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 018:  Rawhides; rawhide bones and chews

In International Class 018, 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 04/17/2018, and first used in commerce at least as early as 04/17/2018, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 021:  Cleaning sponges; cleaning and scouring pads; cleaning pads; cleaning cloths; dusters; duster sleeves for cleaning; household gloves for general use; disposable plastic and latex gloves for general use; disposable dinnerware, namely, plates and bowls; drinking straws; cups; plastic storage containers for household or domestic use; toothpicks; salt and pepper shakers; paper baking cups; cupcake baking cups; toothbrushes; dental floss; salt and pepper shakers

In International Class 021, 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 02/20/1989, and first used in commerce at least as early as 02/20/1989, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 025:  Insoles

In International Class 025, 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 02/01/2000, and first used in commerce at least as early as 02/01/2000, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 029:  Milk; lactose-free milk; nut milk; coconut milk; evaporated milk; condensed milk; buttermilk; whipping cream; whipped cream; whipped topping; non-alcoholic egg nog; half and half; coffee creamer; dried milk powder; butter; butter substitutes; margarine; margarine substitutes; cooking oils; oil-based cooking spray; olive oil for food; shortening; dips and dip mixes; sour cream; yogurt; processed, preserved, pickled, frozen, dried, dehydrated, canned, or cooked vegetables; sauerkraut; tomato paste; instant potatoes; frozen French fries, tater tots, and hash browns; olives and processed stuffed olives; processed water chestnuts; preserved, frozen, dried, canned, or processed fruits; fruit-based filling for cakes and pies; flaked coconut; fruit-based snack food; nut- and dried fruit- based snack bars; eggs; egg whites; egg substitute; cheese; cream cheese; cheese spreads; food package combinations consisting primarily of cheese, nuts and/or processed fruit; processed or roasted nuts; nut butters and spreads; nut-based spread; fruit butters; fruit-based jellies, jams, marmalades, and preserves; dried beans; canned beans; canned pork and beans; stews; chili; broth, chicken stock, and soups; soup mixes; bouillon; meat; sausages; bacon and bacon bits; poultry; jerky; canned fish; frozen or preserved fish; shellfish, not live; corn dogs; mozzarella sticks; appetizers, namely, breaded and fried jalapeño peppers; beef patties; sandwiches; potato chips; processed nuts; snacks and salad toppings consisting primarily of processed nuts and dried fruit; trail mix consisting primarily of processed nuts, dried fruit and also including chocolate; trail mix consisting primarily of processed nuts, seeds, and dried fruit; processed sunflower seeds

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 11/06/1983, and first used in commerce at least as early as 11/13/1984, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 030:  Bakery goods; breads; pancakes and waffles; dough; flour; cornmeal; hominy; grits; processed oats; oatmeal; ready-to-eat cereal; cake and cookie mixes, and mixes for bakery goods; waffle and pancake mixes; pizza; pizza crust and pizza crust mixes; frozen breakfast sandwiches; pie shells and crusts; bread crumbs and cracker crumbs; cookies and crackers; stuffing mixes containing bread; croutons; toaster pastries; baking soda; baking powder; yeast; cornstarch for culinary purposes; chocolate; flavored and sweetened gelatins; dessert pudding and pudding mixes; marshmallows and marshmallow creme; ice cream, ice cream desserts, and sherbet; fruit ice bars and frozen confections, namely, ices; cones for ice cream; frosting; tortillas, tortillas chips and strips, taco shells, and tostadas; pico de gallo sauce and salsa; ketchup; mustard; salad dressings and salad dressing mixes; mayonnaise; vinegar; applesauce; rice; pasta and noodles; packaged meals and meal kits consisting primarily of pasta or rice; prepared entrees consisting primarily of pasta; sauces and sauce mixes; gravy and gravy mixes; tamales; relish; sugar and sugar substitutes; salt; pepper; seasonings and seasoning mixes; seasoned coating for meat, fish, poultry; mixes for making batters for fried foods; spices and spice blends; vanilla and vanilla extracts; dried herbs; dried herbs in powdered form; processed seeds for use as a seasoning; meat tenderizers for household purposes; unpopped popcorn; popcorn and microwave popcorn; snack mix comprised of candy-coated popcorn and processed nuts; mixes in the nature of concentrates, syrups or powders used in the preparation of water- and milk- based beverages; chocolate drink and hot cocoa mixes; tea and tea bags; instant coffee, ground coffee, and coffee beans; coffee-based drink mixes; coffee sold in single-serving or portion-controlled containers for use in brewing machines; pods, namely, cartridges containing coffee for making coffee beverages, coffee-based beverages, tea, tea-based beverages, corn syrup; table syrup; honey; candy; granola-based snack bars; high-protein cereal bars; grain-based food bars also containing dried fruits; burritos; tamales; non-medicated lozenges

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 11/06/1983, and first used in commerce at least as early as 11/06/1983, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 031:  Edible dog treats and chewing bones; dog food; dog biscuits; cat food; bird food; litter for animals; fresh fruit and vegetables

In International Class 031, 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 07/30/1985, and first used in commerce at least as early as 07/30/1985, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 032:  Bottled water; fruit drinks and juices; concentrates for making fruit juices; non-alcoholic cider; vegetable juices; soft drinks; club soda; seltzer and tonic waters; syrups to flavor water

In International Class 032, 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 11/06/1983, and first used in commerce at least as early as 11/06/1983, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

International Class 034:  Cigarette and cigar lighters; electronic cigarette lighters; matches

In International Class 034, 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 05/03/2007, and first used in commerce at least as early as 05/03/2007, 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) Photo of goods bearing mark.
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1399721, 1640147, and 2193110.


The owner's/holder's proposed attorney information: Natalie A Ward. Other appointed attorneys are Patrick A. Lujin; Michael J. Gross; B. Trent Webb; Scott B. Strohm; Clinton G. Newton; Jean M. Dickman; Leonard Searcy; Robert H. Reckers; John S. Golian; Kelly T. Feimster; Elena K. McFarland; Cory W. Fisher; Anthony B. Wingrove; Aaron E. Hankel; Jason O. Howard; Ryan D. Dykal; Mary J. Peal; Beth A. Larigan; James B. Devaney; Ryan J. Schletzbaum; Anne R. Hannah; George L. Ngengwe; Fiona A. Bell; Jordan T. Bergsten; Lauren E. Douville; Craig M. Edgar; Angela D. Truesdale; Robert D. Chisholm; D. Bartley Eppenauer; David W. Morehan; Jeffrey R. Schnayer; Keith J. Bae; John D. Garretson; Mark D. Schafer; Christopher J. Strobel; Michael W. Gray; Colman D. McCarthy; Bryan E. Meyer; Elizabeth A. Lucas; Christine A. Guastello; Nazish Z. Shabbir; Hugh A. Abrams; Jeffrey D. Patterson; Bradley W. Thomas; Paul M. Vogel; Wesley A. Horner; Sharon A. Israel; Maxwell C. McGraw; Reid L. Williams; Patrick J. Sullivan; Lydia C. Raw; Jonathan M. Hernandez; Kyle E. Friesen; Joseph W. Cruz; Weston D. Dunn; Samuel J. LaRoque, Kirk D. Bacon; Angelica Andreoli; Alec V. Larsen; Matthew E. Hohn; Tearra Vaughn; Jonathan L. Hines; Robert M. Ling III; Megan J. Mitchell; Andrew M. Long. Natalie A Ward of Shook, Hardy & Bacon LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      2555 Grand Blvd.
      Kansas City, Missouri 64108
      United States
      816-474-6550(phone)
      nward@shb.com
The docket/reference number is 42519.370198.
Natalie A Ward 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:

Natalie A Ward

PRIMARY EMAIL FOR CORRESPONDENCE: nward@shb.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cgntmdocket@shb.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 $6650 has been submitted with the application, representing payment for 19 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: /Stephanie Becker/   Date: 11/11/2021
Signatory's Name: Stephanie Becker
Signatory's Position: General Counsel
Signatory's Phone Number: 816-474-6550
Signature method: Sent to third party for signature
Payment Sale Number: 97120427
Payment Accounting Date: 11/12/2021

Serial Number: 97120427
Internet Transmission Date: Thu Nov 11 15:52:03 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XX-2021111115520307
3963-97120427-781a53c44d2f8f35593cbc7207
e4645952eaee9625aec96a2a2dd18ea62fedac4b
3-CC-52021347-20211111103030857347