Application

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 90171352

Filing Date: 09/10/2020

To the Commissioner for Trademarks:

MARK: WALMART PLUS UP (Standard Characters, see mark)
The literal element of the mark consists of WALMART PLUS UP. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Walmart Apollo, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      702 SW 8th Street, MS 0215
      Bentonville, Arkansas 72716
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 035:  Retail and on-line grocery store services; Retail and on-line grocery store services featuring a wide variety of consumer goods of others; Retail and on-line grocery store services featuring pickup, in-store pickup and home delivery service; Retail services, namely, administration of a discount program for enabling participants to obtain discounts on shipping services through use of a discount membership program; Customer loyalty program services featuring rewards in the form of discounted shipping services and early access to retail discounts and offers; Customer loyalty program services featuring a membership for unlimited free shipping of consumer goods purchased from retailer; Customer loyalty program services featuring a membership for unlimited expedited shipping of consumer goods purchased from retailer; mobile retail store services featuring a wide variety of consumer goods of others
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 036:  Credit card transaction processing services provided via mobile applications and website
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 039:  Transport and delivery of goods
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1783039, 1322750, 4474440, and others.


The owner's/holder's proposed attorney information: Holly M. Lar. Other appointed attorneys are Danica Acosta, W. LaNelle Owens. Holly M. Lar, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      702 SW 8th Street, MS 0215
      Bentonville, Arkansas 72716
      United States
      ustm@walmartlegal.com
The docket/reference number is 81413634.
Holly M. Lar submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Holly M. Lar

PRIMARY EMAIL FOR CORRESPONDENCE: ustm@walmartlegal.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dsdocketuswmt@dinsmore.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /HollyMLar/   Date: 09/10/2020
Signatory's Name: Holly M. Lar
Signatory's Position: Attorney of Record, Arkansas Bar Member
Payment Sale Number: 90171352
Payment Accounting Date: 09/10/2020

Serial Number: 90171352
Internet Transmission Date: Thu Sep 10 12:37:25 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20200910123725
339978-90171352-7507325c431459e4727a3423
0c466a09c16c5acf0fcf46589d9c3c928d33b0fe
-DA-37247374-20200910114547912910