Fresh Market in Trademark Dispute

JON SPRINGER

WASHINGTON — The Fresh Market and Associated Food Stores of Salt Lake City 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” that it has been using to rebrand the Albertsons stores it purchased in Utah.

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.

The Fresh Market as part of its registration for an initial public offering last week said it believes it will be able to pursue its growth strategy “even if The Fresh Market trademark and related design mark are impaired.”