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Fresh Market, Associated in Trademark Tussle

The Fresh Market and Associated Food Stores are engaged in a trademark battle over the "Fresh Market" name, which both retailers have used on their stores.

WASHINGTON — The Fresh Market and Associated Food Stores are engaged in a trademark battle over the "Fresh Market" name, which both retailers have used on their stores.

The Fresh Market, the Greensboro, N.C.-based specialty retailer filed a notice of opposition with the U.S. Patent and Trademark Office in February against Associated, which applied for a trademark on the name "A Fresh Market" which it was using to rebrand some Albertsons stores it purchased in Utah.

Salt Lake City-based Associated subsequently filed a counterclaim seeking to cancel The Fresh Market trademark, arguing among other things that the name is generic. The Fresh Market most recently sought to dismiss that claim.

Fresh Market, as part of its registration for an initial public offering this week, said "we believe that the strength of our business is driven by the distinct and superior food shopping experience we offer our customers. We therefore believe that we will be able to expand our business and pursue our growth strategy even if The Fresh Market trademark and related design mark are impaired."

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