TEAS Plus New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)

Trademark/Service Mark Application, Principal Register

TEAS Plus Application

Serial Number: 77585269

Filing Date: 10/03/2008

To the Commissioner for Trademarks:

MARK: WALMART (stylized and/or with design, see mark)

The literal element of the mark consists of WALMART.
The color(s) blue and orange is/are claimed as a feature of the mark. The mark consists of the word WALMART in blue next to an orange design of six rays symmetrically centered around a circle to resemble a spark.
The applicant, Wal-Mart Stores, Inc., a corporation of Delaware, having an address of
      702 S.W. 8th Street
      Bentonville, Arkansas 72716-0520
      United States
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 specific filing basis information for each item, you must view the display within the Input Table.
       International Class 035:  On-line retail store services featuring a wide variety of consumer goods; Retail automobile parts and accessories stores; Retail bakery shops; Retail delicatessen services; Retail grocery stores; Retail pharmacy services; Retail store services featuring a wide variety of consumer goods of others; Retail optical stores; retail automotive supplies and parts stores

Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, or the applicant's predecessor in interest used the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

In International Class 035, the mark was first used at least as early as 08/19/2008, and first used in commerce at least as early as 08/19/2008, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) photographs of the store building and signage bearing the mark.
Specimen File1
Specimen File2


The applicant claims ownership of U.S. Registration Number(s) 1322750, 1783039, 2891003, and others.

The applicant hereby appoints Colette A. Durst and Kenneth Oh of Wal-Mart Stores, Inc.
      702 S.W. 8th Street
      702 S.W. 8th Street
      Bentonville, Arkansas 72716-0520
      United States
to submit this application on behalf of the applicant. The attorney docket/reference number is 1513-US-NF-2.

Correspondence Information:	Colette A. Durst
	702 S.W. 8th Street
	702 S.W. 8th Street
	Bentonville, Arkansas 72716-0520
	479-277-0340(phone)
	479-277-5889(fax)
	ustm@walmartlegal.com (authorized)

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /Colette A. Durst/   Date Signed: 10/03/2008
Signatory's Name: Colette A. Durst
Signatory's Position: Assistant General Counsel, Intellectual Property Division



RAM Sale Number: 978
RAM Accounting Date: 10/06/2008

Serial Number: 77585269
Internet Transmission Date: Fri Oct 03 15:42:40 EDT 2008
TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2008100315424013
8839-77585269-400aa82f79cbf3714c3cc83ad4
d53d520-CC-978-20081003065306147780