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

---

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: 97225397

Filing Date: 01/18/2022

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 042:  Platform as a service (PAAS) featuring computer software platform for placing advertisements and tracking advertising performance, for managing, distributing and serving advertising, for analyzing advertising data, for reporting advertising data, and for optimizing advertising performance; Platform as a service (PAAS) featuring computer software platform for managing advertising services and increasing the effectiveness of marketing investments; Providing temporary use of online non-downloadable software for tracking, managing, and optimizing advertising and promotional campaigns, and calculating return on investment in connection with the same; Providing temporary use of online non-downloadable software for tracking website traffic, e-commerce activity, customer loyalty, and sales conversion rates; Providing temporary use of online non-downloadable software for optimizing website navigation; Providing temporary use of online non-downloadable software for managing, collecting, monitoring and analyzing web, blog and other online site traffic, user preferences and links; Providing an interactive website featuring technology for placing advertisements and tracking advertising performance, for managing, distributing and serving advertising, for analyzing advertising data, for reporting advertising data, and for optimizing advertising performance; Data mining; Providing temporary use of online non-downloadable computer software and applications for enabling vendors to promote their products and services on third-party websites; Providing temporary use of on-line non-downloadable cloud computing software and applications for allowing retailers to enable their brand partners to showcase their products to in-market shoppers; Software as a service (SAAS) services featuring software for digital marketing, managing and controlling product display on websites and on-line retail stores, and product merchandising; Data mining services, namely, consumer data hygiene services and data suppression services; Developing customized web pages featuring user-defined information in the field of marketing of goods and services; Software as a services (SAAS) services featuring software for providing access to first, second and third-party consumer marketing data including demographic and predictive data for consumer recognition purposes; Providing a web-based service that features customer-defined generated content and content of others automatically selected and customized based on the known or estimated geographical location of an Internet, mobile telephone or other wired or wireless digital network based customer; Graphic design; Providing temporary use of online non-downloadable software for analyzing and reporting brand penetration data, consumer demographic data, geographic penetration data; Software as a service (SAAS) services featuring software for analyzing brand penetration and market share data, consumer demographics, geographic penetration data, and consumer insights to pinpoint opportunities for product promotion, innovation and improvement; Providing temporary use of online downloadable software for accessing, downloading, viewing and manipulating data in the fields of consumer demographics and preferences, advertising sales effectiveness, and selection of media to optimize sales results; Providing temporary use of online non-downloadable software for use in advertising, business marketing, consumer marketing research, and social media marketing
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) 3243440, 3930507, 5506755, and others.


The owner's/holder's proposed attorney information: Sherri L. Eastley. Other appointed attorneys are Megan R. Bradshaw and all other attorneys at 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 HEBG121US13.
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: 01/18/2022
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: 97225397
Payment Accounting Date: 01/18/2022

Serial Number: 97225397
Internet Transmission Date: Tue Jan 18 16:43:27 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2022011816432735
5796-97225397-810193a2aa3f3124db37a3c175
653b9465a7d22ca24bc293ef097dc672374ee8ab
5-CC-43263600-20220118163729647599