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: 97436356

Filing Date: 05/31/2022

To the Commissioner for Trademarks:

MARK: H-E-B FRESH BITES (stylized and/or with design, see mark)
The literal element of the mark consists of H-E-B FRESH BITES. The applicant is not claiming color as a feature of the mark. The mark consists of the letters "H-E-B" within an oval design, above the outline of an irregular octagon containing the words "FRESH BITES" in a stacked presentation, overlapping a solid trapezoid. Stylized representations of a "bite" appear along the top and bottom edges of the trapezoid.
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 035:  Retail convenience store services; Retail grocery store services; Retail store services featuring convenience store items and gasoline
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) 3930507, 5506755, 3243441, 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 HEBG1051US.
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: 05/31/2022
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: 97436356
Payment Accounting Date: 05/31/2022

Serial Number: 97436356
Internet Transmission Date: Tue May 31 16:58:11 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2022053116581149
0666-97436356-820e0d4bf7faf48dcfae16c436
0d49e51cf4e51b8e7d65c137711ea6b4f8aa490-
CC-58094468-20220531165057892115