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: 97272862

Filing Date: 02/17/2022

To the Commissioner for Trademarks:

MARK: INSTACART (stylized and/or with design, see mark)
The literal element of the mark consists of INSTACART. The color(s) green and orange is/are claimed as a feature of the mark. The mark consists of a green arrow shape design on top of an orange half circle design and INSTACART in lowercase stylized format in green on the right.
The applicant, Maplebear Inc., DBA Instacart, a corporation of Delaware, having an address of
      50 Beale Street, Suite 600
      San Francisco, California 94105
      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 009:  Downloadable software for browsing and purchasing consumer goods of others; downloadable software for engaging and coordinating personal shopper and delivery services; downloadable software for providing information on available same-day transportation and delivery services; downloadable software for shopping in the field of consumer goods, grocery, food, pharmacy, home goods, pet supply, electronics, clothing, beauty, media, office supply, and general merchandise; downloadable software for delivery in the field of consumer goods, grocery, food, pharmacy, home goods, pet supply, electronics, clothing, beauty, media, office supply, and general merchandise; downloadable software for searching for and accessing, creating, publishing, and browsing recipes and information in the field of food, cooking, wine, and beverages; downloadable software for searching for and accessing, creating, publishing and browsing information in the field of general merchandise, consumer goods, groceries and food, pharmacy goods, home goods, pet supplies, electronics, clothing, beauty products, media, office supplies; computer hardware and software systems for the wholesale and retail store industries, namely, point-of-sale software and computer hardware for inventory management, operating computer systems, processing of sale transactions, data and accounting management, customer relationship management, transmission of payment information, inventory management, management of consumer loyalty programs and gift card processing; artificial intelligence powered checkout system comprised of customer self-service electronic checkout stations for point of sale; artificial intelligence powered checkout systems comprised of cameras to track and process purchases of goods from stores; charging stations for electric shopping carts; electronic equipment for point-of-sale (POS) systems, namely, point-of-sale terminals, bar code readers, optical readers, advertisement display monitors, computer display monitors, keyboards, printers, scanners, radio transmitters, radio receivers, and computer hardware with embedded computer operating software; point-of-sale terminals; computing hardware that consists of a screen, a central processing unit and cameras; secure electronic payment terminals for electronic transactions; downloadable mobile applications that allows users to execute shopping-related demands in the nature of building a shopping list, placing an order for groceries and retail products online, and selecting recipes according to groceries purchased; high performance one dimensional and two dimensional barcode readers using image technology; downloadable computer application software for mobile phones, handheld computers, and tablets, featuring image recognition, optical decoding, audio recognition, audio decoding, and code technology, for use in reading scanned advertisements in print, mobile, online, and radio format, displaying consumer product information about goods or services, providing consumers with purchase options that include customer loyalty and rewards programs offerings, personalized sales offers, coupons, and recommendations, and providing consumers with the ability to order, purchase, and obtain delivery of general consumer merchandise and services; Computing hardware, namely, mobile computing devices consisting of barcode scanners, interactive touchscreen monitors, and radio frequency devices featuring deep learning, camera-based item identification, and computer vision, that function as portable retail store checkouts and which may be mounted on shopping carts, shopping baskets, and any form of container used in a retail store setting; Computing hardware, namely, mobile computing devices consisting of barcode scanners, interactive touchscreen monitors, radio frequency receivers, and electronic weighing scales consisting of weight sensors and featuring deep learning, computer vision, and camera based item identification, that enable consumers to weigh goods placed in shopping carts, shopping baskets, and other containers used in retail store settings; Computer hardware in the nature of mobile computing devices equipped to shopping carts, bar code scanners, touchscreen monitors and radio frequency receivers that cooperate with each other to collect and aggregate consumer behavior data, namely, tracking customer purchases and automating customer checkout within a retail store; software development kits (SDKs) consisting of computer software development tools to allow third parties to integrate retailer applications, e-commerce sites and retail fulfillment backend systems to cloud-based consumer marketplace or a locally deployed server; Computer software and computer hardware that allow users to perform electronic business transactions via a global computer network; customer self-service electronic checkout stations for point of sale; computer software and programs for use in payment processing; downloadable mobile applications for commerce, namely, software that allows users to perform electronic business transactions via a global computer network; all of the foregoing excluding photo and video sharing and social networking software
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) 4903628, 6328632, 6328631, and others.


The owner's/holder's proposed attorney information: LISA GREENWALD-SWIRE. Other appointed attorneys are Keith A. Barritt, Vivian Cheng, Jonathan Jekel, Nancy Ly, Kristen McCallion, John P. McCormick, P. Weston Musselman, Jr., Debra S. Serota, Catherine H. Stockell, Jerre B. Swann, Jr., Ryan Thomas, Kerrijane John, Sarah Kelleher, Charles Bahlert, Jenifer deWolf Paine, Ryan Steinman, Keton Hansrajh and Cynthia Johnson Walden. LISA GREENWALD-SWIRE of FISH & RICHARDSON P.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
      P.O. BOX 1022
      MINNEAPOLIS, Minnesota 55440-1022
      United States
      650-839-5070(phone)
      8777697945(fax)
      tmdoctc@fr.com
The docket/reference number is 514340776001.
LISA GREENWALD-SWIRE 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:

LISA GREENWALD-SWIRE

PRIMARY EMAIL FOR CORRESPONDENCE: tmdoctc@fr.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarkgroup-sv@fr.com; cdc@fr.com; lgs@fr.com; crz@fr.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: /Edison Lin/   Date: 02/17/2022
Signatory's Name: Edison Lin
Signatory's Position: Director & Associate General Counsel, Intellectual Property
Signatory's Phone Number: 650-839-5070
Signature method: Sent to third party for signature
Payment Sale Number: 97272862
Payment Accounting Date: 02/17/2022

Serial Number: 97272862
Internet Transmission Date: Thu Feb 17 20:19:45 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2022021720194510
1638-97272862-8102bc06267c39f6080ee9acb6
c221e3b17ee45f43b2f7ec7936acaeece4ab6f17
-DA-19444669-20220217153656676160