| Serial Number | 87829817 |
| Word Mark | WHOLE FOODS MARKET |
| Filing Date | Monday, March 12, 2018 |
| Status | 654 - REPORT COMPLETED SUSPENSION CHECK - CASE STILL SUSPENDED |
| Status Date | Friday, January 5, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Goods and Services | Providing a website featuring blogs and non-downloadable publications in the nature of articles and videos in the fields of cooking, nutrition, grocery shopping, environmental issues, conservation, food, wine, health, and wellness; educational services, namely, classes, seminars, and workshops in the fields of cooking, nutrition, conservation, environmental awareness, overall health, physical fitness, and mind and body awareness; entertainment services in the nature of live music concerts, food and wine festivals, organizing social entertainment events; Entertainment and educational services, namely, providing ongoing programs, segments, shows, and non-downloadable online video magazine featuring news, comedy, action, commentary, advice, interviews, documentary information and stories in the fields of cooking, nutrition, shopping, leisure, lifestyle, personal improvement, fitness, nature, gardening, environmental issues, conservation, food, wine, diet, health, wellness, popular culture, and topics of general interest distributed via various platforms across multiple forms of transmission media; entertainment services, namely, production and distribution of television programs and multimedia programs; Providing information online in the fields of fitness, leisure activities, and popular culture; personal coaching services in the fields of cooking, nutrition, food, fitness, and improved daily living; providing a website featuring non-downloadable videos in the fields of cooking, nutrition, shopping, leisure, lifestyle, personal improvement, fitness, nature, gardening, environmental issues, conservation, food, wine, diet, health, wellness, popular culture, and topics of general interest; providing exercise instruction and information; providing non-downloadable computer games; arranging and conducting incentive award programs to encourage healthy eating and physical fitness; providing a website featuring blogs and non-downloadable publications in the nature of articles and videos in the fields of cooking, nutrition, grocery shopping, environmental issues, conservation, food, wine, health, and wellness |
| Description of Mark | The mark consists of the stacked words "WHOLE FOODS" in stylized white font over the smaller word "MARKET" in white capitals, with a stylized leaf design coming off the top of the letter "O" in the word "WHOLE," all appearing upon a circular green background. |
| Goods and Services | Downloadable computer software and mobile application software for use in providing retail and ordering services for a wide variety of consumer goods; Computer application software for mobile phones and mobiles devices to enable users to locate grocery stores, place orders for pick-up or delivery service, and make grocery and prepared food purchases by a mobile device; Consumer coupons downloaded from a global computer network; Computer application software for mobile phones and mobile devices for meal planning, menu planning, generating shopping lists, devising personalized nutrition programs, sharing digital content, locating grocery stores; magnetically, digitally, or optically encoded fidelity cards used to store and redeem reward points for grocery store customer loyalty program; Computer application software for mobile phones and mobile devices to enable users to access and interact with live and pre-recorded programs, audio and video recordings, and digital magazines in the fields of cooking, nutrition, shopping, leisure, lifestyle, personal improvement, fitness, nature, gardening, environmental issues, conservation, food, diet, health, wellness, and groceries, and to access and interact with current event news-related information, entertainment-related information, education information, and information in the fields of cooking, nutrition, shopping, shopping, recipes, meal planning, coupons, special offers, leisure, lifestyle, personal improvement, fitness, nature, gardening, environmental issues, conservation, food, diet, health, wellness, and groceries; Downloadable electronic publications in the nature of digital magazines, newsletters, articles, and information sheets in the fields of cooking, nutrition, shopping, leisure, lifestyle, personal improvement, fitness, nature, gardening, environmental issues, conservation, food, diet, health, wellness, and groceries |
| Goods and Services | Providing online services which afford customers the ability to select a distribution point for goods purchased on the Internet; shipping, delivery, and storage of goods |
| Goods and Services | Computer services, namely, providing on-line facilities for real-time, delayed or pre-recorded interaction with other computer users concerning cooking, nutrition, grocery shopping, environmental issues, conservation, food, wine, health, and wellness; computer services, namely, providing on-line chat rooms, forums and electronic bulletin boards for transmission of messages among computer users concerning cooking, nutrition, grocery shopping, environmental issues, conservation, food, wine, health, and wellness; mobile media services in the nature of electronic transmission of entertainment media content; computer services, namely, streaming of audiovisual material via the internet; computer services, namely, provision of online forums for users for the sharing and transmission of electronic audiovisual media concerning cooking, nutrition, grocery shopping, environmental issues, conservation, food, wine, health, and wellness |
| Goods and Services | Non-magnetically encoded fidelity cards used to store and redeem reward points for grocery store customer loyalty program; Paper goods and printed matter, namely, address books, appointment books, art pads, book marks, calendars, cardboard, drawing pads, event albums, gift wrapping paper, greeting cards, index cards, maps, napkins, note pads, notebooks, paper, paper bags, paper banners, paper flags, paper gift tags, paper labels, paper pennants, paper tablecloths, photo albums, postcards, posters, printed gift certificates, scrapbooks, sketch pads, stickers, sticker albums, and writing paper pads |
| Section 2(f) Limitation Statement | WHOLE FOODS MARKET has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 1557320 and 1961586 |
| Indication of Colors claimed | The color(s) green and white is/are claimed as a feature of the mark. |
| Goods and Services | Retail grocery store services; supermarkets; Retail bakery shops; Retail delicatessen services; retail and on-line retail store services featuring a wide variety of consumer goods of others; retail and on-line grocery store services featuring home delivery service; computerized on-line ordering featuring general consumer merchandise; on-line retail gift shops; promoting the goods and services of others; promoting public awareness of healthy lifestyle choices and practices; promoting public awareness in the fields of nutrition and proper diet; providing consumer information on-line relating to money saving tips, food, beverages, recipes, and shopping; retail grocery store services featuring a customer loyalty rewards program for shoppers; administration of customer loyalty program services which enable participants to obtain discounts on goods and services, discounted shipping, expedited shipping and early access to sales events; customer loyalty program services featuring rewards in the form of discounted shipping services; administration of a discount program enabling participants to obtain discounts on goods and services, discounted shipping, expedited shipping and early access to sales events; retail services, namely, administration of a discount program for enabling participants to obtain discounts on shipping services through use of a discount membership program and variable rate shipping program |
| Goods and Services | Providing information online in the fields of nutrition, diet, health, wellness, and improved daily living and lifestyle practices to enhance health; providing information, news and commentary in the fields of nutrition, diet, health, wellness, and improved daily living and lifestyle practices to enhance health; providing information on-line relating to natural wellness, beauty care, nutrition, skin care, hair care, and personal care products |
| Goods and Services | Restaurant services; Take-out restaurant services; Café services; Tea bars; Coffee shop and coffee bar services; Bar services |
| Goods and Services | Providing online non-downloadable software for placing orders for pick-up or delivery service, enabling users to make purchases via mobile device, and enabling users to make electronic payments for purchases; providing online non-downloadable software for locating grocery stores, meal planning, menu planning, generating shopping lists, devising personalized nutrition programs, and sharing digital content; Providing online non-downloadable software for users to participate in a loyalty program, access and manage user's loyalty account, and access discount offers and coupons; Providing online non-downloadable software for offering and distribution of coupons and discount offers downloaded to customers' loyalty card accounts or mobile device, for the purpose of promoting additional targeted savings and rewarding loyalty; Providing online non-downloadable software that enables users to access coupons, loyalty rewards, rebates, price-comparison information, product reviews, and discount information; Providing online non-downloadable software to enable users to access and interact with information in the fields of food, recipes, meal planning, nutrition, cooking, health, wellness, grocery shopping, coupons, and special offerings |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, March 17, 2018 |
| Primary Code | 038 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, March 17, 2018 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, March 17, 2018 |
| Primary Code | 016 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, March 17, 2018 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 039 - Transport; packaging and storage of goods; travel arrangement. |
| US Class Codes | 100, 105 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, March 17, 2018 |
| Primary Code | 039 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, March 17, 2018 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, March 17, 2018 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, March 17, 2018 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 044 - Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, March 17, 2018 |
| Primary Code | 044 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | WHOLE FOODS MARKET IP, INC. |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 03 - Corporation |
| Address | AUSTIN, TX 78703 |
| Party Name | Whole Foods Market IP, L.P. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 13 - Limited Partnership |
| Address | Austin, TX 78703 |
| Event Date | Event Description |
| Thursday, June 21, 2018 | ASSIGNED TO EXAMINER |
| Thursday, March 15, 2018 | NEW APPLICATION ENTERED |
| Saturday, March 17, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, March 20, 2018 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, June 25, 2018 | NON-FINAL ACTION WRITTEN |
| Monday, June 25, 2018 | NON-FINAL ACTION E-MAILED |
| Monday, June 25, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, December 26, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, December 26, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, December 27, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, January 16, 2019 | SUSPENSION LETTER WRITTEN |
| Wednesday, January 16, 2019 | LETTER OF SUSPENSION E-MAILED |
| Wednesday, January 16, 2019 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Monday, June 24, 2019 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Wednesday, August 21, 2019 | ASSIGNED TO LIE |
| Thursday, August 22, 2019 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Tuesday, March 3, 2020 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Wednesday, September 23, 2020 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Thursday, July 22, 2021 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Wednesday, November 10, 2021 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Friday, November 12, 2021 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, November 12, 2021 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, November 12, 2021 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, February 22, 2022 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Tuesday, August 23, 2022 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Wednesday, April 5, 2023 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Friday, May 12, 2023 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Friday, September 13, 2024 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Friday, January 5, 2024 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |