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NOTICE OF ALLOWANCE (NOA)
ISSUE DATE: Jul 29, 2014 |
Serial Number: 86131296
Mark: HYPER TOUGH (Stylized/Design)
Docket/Reference Number: 81172807
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| No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of
a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration
certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline. |
| SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: |
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An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the
application, if use basis was not specified originally); OR |
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An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must
be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six
(36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA. |
How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many
legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/teas/index.html (under the "INTENT-TO-USE (ITU)
FORMS" category) to avoid the possible omission of required information. If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199. |
| For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3)
change filing basis, see http://www.gov.uspto.report/trademarks/basics/MoreInfo_SOU_EXT.jsp. |
| FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS
APPLICATION. |
REVIEW APPLICATION INFORMATION FOR ACCURACY |
| If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the
Intent-to-Use Unit. Please use the "Post-Publication Amendment" form under the "POST-PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) FORMS" category, available at
http://www.gov.uspto.report/teas/index.html. Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. |
| Serial Number: |
86131296
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| Mark: |
HYPER TOUGH (Stylized/Design)
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| Docket/Reference Number: |
81172807
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| Owner: |
Wal-Mart Stores, Inc.
702 SW 8th Street
Bentonville , ARKANSAS 72716
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| Correspondence Address: |
DANICA ACOSTA
WAL-MART STORES, INC.
702 SW 8TH ST
BENTONVILLE, AR 72716-6299
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This application has the following bases, but not necessarily for all listed goods/services: |
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Section 1(a): NO |
Section 1(b): YES |
Section 44(e): NO |
| GOODS/SERVICES BY INTERNATIONAL CLASS |
| 006 - |
Metal tool boxes; secure metal storage sheds for tools; metal broom handles; general purpose metal storage bins and containers; metal storage sheds; Nails --
FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 007 - |
Power tools, namely, drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, and saws; blades for power tools; electric
brooms; wet-dry vacuum cleaners and pumps; vacuum cleaner bags and hoses -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 008 - |
Hand tools, namely, drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, planes, files, clamps, dies, hand jacks,
ice picks, pincers, scrapers, tongs, nut drivers, chalk line reels, ripping bars, putty knives; wire cutters, wire strippers, bolt cutters, shovels, hatchets, pikes, pruners, paint scrapers, tile
cutters, bar cutters, die chasers, die wrenches, pullers and splitters, hand operated pumps, sanding sponges, fruit pickers, grass hooks, grass whips, post hole diggers, rollers and brushes for
applying adhesives, knee kickers, guides for knives and saws, box cutters, safety cutters, sharpening tools and instruments, chisels, wire crimpers, wrench sets, pliers sets, grooving tools, graving
tools, sod lifters, spatulas not household utensils, stamping-out tools, expanders, knives hand tools, cultivators, riveters, levers, stamps not for stationery use, screw extractors, wedges, weed
cutters, weed diggers, paint trim guide, axes, picks, socket sets, and saws; extensions for hand tools; edgers, floats and groovers for grout, mortar and cement; hand-operated automotive repair
tools, namely, ball joint separators, brake cylinder hones, brake pad spreaders, brake spring removers, disc brake piston cubes, drum brake adjusting tools, engine cylinder hones, ring compressors,
valve holders, valve spring compressors, valve spring depressors, and magnetic pick up tools; Manually operated shop tools for work on motorcycles, namely, chain breaker tool, chain riveting tool,
chain press tool, chain alignment tool, carburetor tuning tool, carburetor tuning gauge set, tire irons, tappet adjustment tools, valve shim tools, tappet feeler gauge, carburetor jet wrenches,
clutch holding tool, piston pin removing tool, spring removing tool, timing cover wrench, oil filter wrench, shock absorber wrench, axle wrench, fly wheel puller tool, clutch puller tool and magneto
flywheel puller tool; multifunction hand tools comprised of screwdrivers, knives, can openers, file and pliers; roll-up fabric container for hand tools; tool aprons; tool belts; tool holders; tool
pouches for attachment to tool belts -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 009 - |
extension cords -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 012 - |
trailer hitches; luggage, bicycle and ski racks for motor cars; fitted covers for vehicles; roof rack storage containers for land vehicles; truck bed storage
organizers -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 019 - |
non metal storage sheds; non-metal bicycle storage racks -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 020 - |
free standing tool racks; metal tool cabinets; non-metal tool boxes and chests; plastic foam, wood and polymer materials in pre-shaped forms with silhouette
layouts for tools and badges used for the transportation and storage of these goods; tool handles not of metal; wall-mounted tool racks; wood handles for brooms and tools; non-metal cylinders for
compressed gas or liquids, sold empty; metal storage cabinets; Storage racks -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 021 - |
brooms; waste baskets -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE |
| 022 - |
Bungie cords; cords made of textile fibers; cord; Cargo and carrier equipment for vehicles comprised of synthetic textile materials, excluding artificial leather,
namely, tow ropes, tow straps, ratchet tie-down straps, quick release tie down straps, lashing straps, and tarp straps; tarpaulins; unfitted covers for vehicles -- FIRST USE DATE: NONE; -- USE IN
COMMERCE DATE: NONE |
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.
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| Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the
USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed
in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its
cancellation. |
| Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations
and required fees, please consult the USPTO website at www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199. |
| Checking status: To check the status of an application, go to http://tarr.uspto.gov. Please check the status of any
application at least every three (3) months after the application filing date. |
| To view this notice and other documents for this application on-line, go to http://tdr.gov.uspto.report/search.action?sn=86131296.
NOTE: This notice will only be available on-line the next business day after receipt of this e-mail. |
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