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By Richard Gearhart
Founding Partner

Oftentimes a company’s Intellectual Property filings signal a company’s direction.  Today the buzz is all about Amazon because of its July 6th trademark filing. The trademark, “We do the prep. You be the chef” sent Blue Apron’s stock tumbling, as investors forecast a major competitor entering the market for ready to cook, delivered meals.

Amazon filed the trademark/service mark in 3 classes:

Class 29, “meats and processed foods”
Class 30, “staple foods”
Class 35, “advertising and business”

The mark was filed with 1B status, which is ‘intent to use’. Will Amazon use it?  Well, first they have to get it allowed by the USPTO and then they have to start using it in interstate commerce in order to achieve the trademark registration.   In the meantime, Blue Apron has been forewarned!

For Amazon’s trademark application, see the application below, copied from the USPTO Trademark database (TESS) http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4805:v757t6.1.1 :
Word Mark
WE DO THE PREP. YOU BE THE CHEF.
Goods and Services

IC 029. US 046. G & S: Prepared food kits composed of meat, poultry, fish, seafood, fruit and/or and vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal; Frozen, prepared, and packaged meals consisting of meat, poultry, fish, seafood, fruit and/or vegetables; fruit salads and vegetable salads; soups and preparations for making soups

IC 030. US 046. G & S: Frozen, prepared, and packaged meals and food kits consisting primarily of grains, rice, noodles, pasta or bakery products

IC 035. US 100 101 102. G & S: Advertising services; business management; business administration services; providing office functions; business management for others of retail and online retail stores and supermarkets; retail store services and online retail store services in the field of fresh and prepared foods and dry goods; customer loyalty rewards program for shoppers, namely, providing incentive award programs for customers through the issuance and processing of loyalty points and loyalty coupons for frequent use of participating company’s goods and services; information, advisory and consultancy services relating to the aforesaid

Standard Characters Claimed
Mark Drawing Code

(4) STANDARD CHARACTER MARK
Serial Number
87517760
Filing Date
July 6, 2017
Current Basis
1B
Original Filing Basis
1B
Owner
(APPLICANT) Amazon Technologies, Inc. CORPORATION NEVADA 410 Terry Ave N Seattle WASHINGTON 98109
Attorney of Record
Purvi Patel Albers
Type of Mark
TRADEMARK. SERVICE MARK
Register
PRINCIPAL
Live/Dead Indicator
LIVE

About the Author
Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.