Serial Number: 77496017

Word Mark: HEB H-E-BUSTER

Goods and Services: (ABANDONED) IC 035. US 100 101 102. G & S: Retail grocery store services and retail pharmacy services. FIRST USE: 20080531. FIRST USE IN COMMERCE: 20080531

Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search Code: 01.17.12 - Maps of Texas; Texas, map of
02.01.34 - Monsters (not robots); Other grotesque including men formed by plants or objects
04.07.02 - Objects forming a person; Person formed by objects
09.03.12 - Gloves, golf; Gloves, winter; Gloves, Work; Holders, pot; Mittens; Work gloves
09.07.02 - Athletic shoes; Boots, ski; Exercise shoes; Gym shoes; Roller skates; Skates; Ski boots
20.03.06 - Address labels; Hang tags; Identification tags; Labels; Tags (paper)
26.11.26 - Oblongs as carriers for words, letters or designs

Filing Date: 06/11/2008

Current Basis: 1A

Original Filing Basis: 1A

Owner: (APPLICANT) HEB Grocery Company, L.P. HEBCO GP, L.L.C., a Texas limited liability company, its sole general partner LIMITED PARTNERSHIP TEXAS 646 South Main San Antonio TEXAS 78204

Attorney of Record: Louis T. Pirkey

Description of Mark: The color(s) red, white, blue and black is/are claimed as a feature of the mark. The mark consists of an animated version of the HEB logo with eyes, arms and legs, and wearing an HEB name tag imprinted with the name H-E-BUSTER. The body of the animated figure is red and contains the letters HEB in white enclosed within a white elongated oval. The eyes of the figure are black in the center and outlined in white. The figure has white eyebrows. The arms and legs of the figure are black. The figure is wearing white gloves and red and white shoes. The top right hand corner of the name tag worn by the figure contains a white rectangle which includes the text "H-E-B." The "H-E-B" appears in white text within a red elongated oval. The oval is against a white rectangular background. On the left hand corner of the name tag is the shape of the state of Texas in white with the outline of the state of Texas superimposed over it in blue, all against a blue square background. The lower half of the name tag contains the text H-E-BUSTER in white which is surrounded by a rectangular border also in white, all against a blue rectangular background.

Type of Mark: SERVICE MARK

Register: PRINCIPAL

Live/Dead Indicator: DEAD

Prior Registrations: 1530250;1867930;3243441;AND OTHERS

SiteNo: 16545