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: 97228798

Filing Date: 01/20/2022

To the Commissioner for Trademarks:

MARK: HSTV (stylized and/or with design, see mark)
The literal element of the mark consists of HSTV. The applicant is not claiming color as a feature of the mark. The mark consists of HSTV in stylized font. The HS is in boldface, thicker font. The TV are in finer type, uppercase font.
The applicant, Hy-Vee, Inc., a corporation of Iowa, having an address of
      5820 Westown Parkway
      West Des Moines, Iowa 50266
      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 041:  Providing entertainment and educational services in the nature of ongoing television programs via the internet in varied fields, namely, food, nutrition, cooking instruction and tips, health and physical fitness, fashion and cosmetics, personal relationships, infant care, home decor, pets, gardening, lawn care and landscaping, sports, in-home entertaining, consumer product reviews, etiquette instruction and tips, saving money by the use of coupons at the grocery store, crafts instruction and tips, and behind-the-scenes features of the lives of celebrities.

In International Class 041, 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 10/01/2018, and first used in commerce at least as early as 10/01/2018, 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) Screen capture of website showing mark..
Specimen File1
Webpage URL: http://www.hstv.com/
Webpage Date of Access: 01/17/2022




The owner's/holder's proposed attorney information: Timothy J. Zarley. Other appointed attorneys are John D. Gilbertson; Joshua J. Conley. Timothy J. Zarley of Zarley Law Firm, P.L.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Capital Square, Suite 200
      400 Locust Street
      Des Moines, Iowa 50309
      United States
      515-558-0200(phone)
      tzarley@zarleylaw.com
The docket/reference number is T63130US0.
Timothy J. Zarley 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:

Timothy J. Zarley

PRIMARY EMAIL FOR CORRESPONDENCE: tzarley@zarleylaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@zarleylaw.com; actions@zarleylaw.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: /Timothy J. Zarley/   Date: 01/20/2022
Signatory's Name: Timothy J. Zarley
Signatory's Position: Attorney of record, Iowa bar member
Signatory's Phone Number: 515-558-0200
Signature method: Signed directly within the form
Payment Sale Number: 97228798
Payment Accounting Date: 01/20/2022

Serial Number: 97228798
Internet Transmission Date: Thu Jan 20 09:42:27 ET 2022
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2022012009422777
4433-97228798-810fd7ce30cab2ea19cb56cca2
1c69add19e3a98d37bb63b42174dcf1960ebe695
-DA-42274732-20220120093724787315