Is Whole Foods Bullying 4th Generation Organic Market and Café?

4th Generation Organic Market and Café is part of a small family owned company that has been in the produce business since 1910. We decided to expand and opened our first retail organic market and café about nine years ago in east Boca Raton, Florida. Almost one year ago we opened our second store in west Boca, which is several times larger than our first store. We are extremely proud of our stores and take great pride in selling only the finest quality 100% organic foods, produce, and prepared foods. Because our food is all organic, You don’t have to read labels.”  bully

As part of our branding we created several service marks to promote our organic lifestyle and we use them in our advertising. In order to protect the service marks that we use, we made sure that we registered them with the United States Patent and Trademark Office (PTO). Almost two years ago, on June 12, 2015 the PTO agreed that we were entitled to register the following service marks: 

YOU DON’T HAVE TO SPEND YOUR WHOLE PAYCHECK TO EAT ORGANIC®
and
YOU DON’T HAVE TO SPEND YOUR WHOLE PAYCHECK TO SHOP AT 4TH GENERATION®.

We created these two service marks so that consumers would know that when they come to shop at 4th Generation, they can purchase and eat organic foods without having to spend their whole paycheck. We wanted to let consumers know that eating organic is not as expensive as perceived, which ties into the fact that we are all organic. We are in NO way comparing ourselves to Whole Foods or any grocery stores, knowing that no one has made the commitment like 4th Generation Market.

Unfortunately, Whole Foods Market is taking legal action against us for using these registered service marks apparently because they contain the word “whole”, as if it is the only user on the planet that can use that word for grocery and café services. Whole Foods admits that it is unaware of an actual consumer confusion between it and 4th Generation.  Regardless, Whole Foods is persisting in trying to get the PTO to cancel our validly issued registrations!! We realize that Whole Foods is a huge company, but we refuse to be bullied!!

4th Generation Organic Market and Café sells only 100% organic foods, produce, and prepared foods in our stores. Our prepared foods are made in our own kitchens by our own chefs directly onsite with only the highest quality organic ingredients, and with the highest food safety standards and cleanliness. Additionally, we are extremely vegan friendly, with a wide variety of organic vegan prepared foods. We are thankful to be part of the community and thank all our loyal customers and future customers for supporting us and our goal for all to live an Organic Healthy Lifestyle!
 
Thank you,
We wish GOOD HEALTH TO ALL!!
4th Generation Organic Market and Café Family   
 
With regard to Whole Foods unfairly trying to pick on us, we will continue to keep everyone aware as more develops...

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