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: 97272870

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 042:  Providing a website featuring technology that allows users to search, browse, and purchase a wide variety of consumer goods of others; providing temporary use of non-downloadable software for browsing, comparing, and purchasing a wide variety of consumer goods of others; providing temporary use of non-downloadable software for ordering delivery services; providing temporary use of non-downloadable software for engaging and coordinating personal shopper and delivery services; providing temporary use of non-downloadable software for providing information on available same-day transportation and delivery services; providing a website featuring technology that allows users to search, access, create, publish and browse information in the field of food, cooking, wine, beverages, recipes, general merchandise, consumer goods, pharmacy goods, home goods, pet supplies, electronics, clothing, beauty products, media, and office supplies; providing temporary use of non-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; providing temporary use of non-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; providing temporary use of non-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; providing temporary use of non-downloadable computer software for enabling autonomous checkout utilizing artificial intelligence; providing temporary use of non-downloadable computer software for payment processing, usage data reporting, controlling user access, and reservation of charging times; development and implementation of new technology for others in the field of retail store services, namely, robotics for retail stores; providing temporary use of non-downloadable computer software for use in database management, sales, customer tracking and management, and inventory management for the e-commerce, wholesale and retail industries; providing temporary use of non-downloadable computer software that utilizes artificial intelligence to empower cameras to identify and understand human activities; development of new technology for others in the field of retail store services, namely, automated smart robotic systems using methods of artificial intelligence to enable a self-service electronic checkout station for point of sale; computer systems analysis of automated smart robotic systems using methods of artificial intelligence to enable a self-service electronic checkout station for point of sale; web-based application featuring temporary use of non-downloadable software for data management for the food service field; web-based application featuring temporary use of non-downloadable software programs for data management for the food service field; web-based application featuring temporary use of non-downloadable software designed to estimate costs for food-related products and services; web-based application featuring temporary use of non-downloadable software designed to estimate resource requirements for food-related products and services; web-based application featuring temporary use of non-downloadable software downloaded from the Internet for data management for the food service field; web-based application featuring temporary use of non-downloadable software for accounting systems; web-based application featuring temporary use of non-downloadable software for analyzing address files; web-based application featuring temporary use of non-downloadable software for business purposes in the field of accounting and data management for the food service industry; web-based application featuring temporary use of non-downloadable software for communicating purposes between microcomputers; web-based application featuring temporary use of non-downloadable software for communication between computer processes; web-based application featuring temporary use of non-downloadable software for processing address files; web-based application featuring temporary use of non-downloadable software packages for data management for the food service field; web-based application featuring temporary use of non-downloadable software products, namely, non-downloadable software for data management for the food service field; web-based application featuring temporary use of non-downloadable software programs for database management; web-based application featuring temporary use of non-downloadable software industrial software programs for food production; web-based application featuring temporary use of non-downloadable interactive software for data management for the food service field; providing temporary use of non-downloadable computer e-commerce software to allow users to perform electronic business transactions via global computer network; providing temporary use of non-downloadable computer software for use in processing credit and debit card payments; providing temporary use of non-downloadable software development kits (SDKs) consisting of non-downloadable 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; providing temporary use of non-downloadable computer software for image recognition and matching images so analyzed with other image data; providing temporary use of non-downloadable computer image processing software for use in extracting visual attributes from images that may be downloaded from a global computer network; providing temporary use of non-downloadable computer software for use in acquiring shopping information and price comparisons that may be downloaded from a global computer network; providing temporary use of non-downloadable computer software that provides weight, dimension, shape, and location data for digitally scanned products; providing temporary use of non-downloadable computer software that allows users to identify and locate online stores where goods that have been digitally photographed and interpreted by image recognition software can be purchased; providing temporary use of non-downloadable computer software that tracks a shopper's location inside a store and displays it to users via a screen interface while shopping; providing temporary use of non-downloadable computer software for use in inventory tracking and data analytics in the field of retail stores; providing temporary use of non-downloadable computer software for analyzing retail store customer data; providing temporary use of non-downloadable computer software for analyzing consumer behavioral data; providing temporary use of non-downloadable computer software to collect and aggregate consumer behavior data within a retail store; providing temporary use of non-downloadable computer software to provide dynamic pricing of items throughout the store; providing temporary use of non-downloadable computer software that provides recommendation of items for purchase based on shopper preferences; providing temporary use of non-downloadable computer software for use in advertising products and brands via electronic displays throughout retail stores; providing software as a service (SAAS) services featuring computer software for designing, developing, hosting, implementing and maintain web sites for others that enable, collect data with respect to, and process the selection, ordering, billing, delivering, and advertising of consumer goods and services, and for use in advising retailers regarding the use of such websites by others in the field of retail, ordering, and delivery services featuring consumer goods; providing software as a service (SAAS) services featuring computer software for use by others to market and advertise to individual customers of retail stores; providing software as a service (SAAS) services featuring computer software for email messaging, marketing automation, retail analytics, customer analysis, website visitor analysis and website analysis; development and implementation of new technology for others in the field of retail store services, namely, robotics and automation for order fulfillment and inventorying merchandise; all of the foregoing excluding photo and video sharing and social networking services
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 514340776005.
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: 97272870
Payment Accounting Date: 02/17/2022

Serial Number: 97272870
Internet Transmission Date: Thu Feb 17 20:23:01 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2022021720230199
7597-97272870-81044b69fd7e98a2ed627f2ead
7e4e79cbf79ed196826e9674592e028d87d83c-D
A-23014700-20220217161150129941