Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86131296

Filing Date: 11/27/2013

To the Commissioner for Trademarks:

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

The literal element of the mark consists of HYPER TOUGH.
The applicant is not claiming color as a feature of the mark. The mark consists of a stylized version of the words HYPER TOUGH.
The applicant, Wal-Mart Stores, Inc., a corporation of Arkansas, having an address of
      702 SW 8th Street
      Bentonville, Arkansas 72716
      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 the following:

       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
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 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
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 008:  hand tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, plans, 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, nails, 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 hold 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 stationary use), screw extractors, wedges, weed cutters, weed diggers, paint trim guide, axes, picks, socket sets, and saws; blades for power tools; 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
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 009:  extension cords
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 012:  trailer hitches; luggage, bicycle and ski racks for motor cars; fitted and unfitted covers for vehicles; roof rack storage containers for land vehicles; truck bed storage organizers
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 019:  non metal storage sheds; non-metal storage racks
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 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
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 021:  brooms; waste baskets
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 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
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).



For informational purposes only, applicant's website address is: www.walmart.com

The applicant's current Correspondence Information:

Danica Acosta

Wal-Mart Stores, Inc.

702 SW 8th Street

Bentonville, Arkansas 72716

4792046256(phone)

ustm@walmartlegal.com;ustm@walmartlegal.com (authorized)

The docket/reference number is 81172807.
A fee payment in the amount of $2925 has been submitted with the application, representing payment for 9 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.

Declaration Signature

Signature: /danica acosta/   Date: 11/27/2013
Signatory's Name: Danica Acosta
Signatory's Position: Associate General Counsel
RAM Sale Number: 86131296
RAM Accounting Date: 11/29/2013

Serial Number: 86131296
Internet Transmission Date: Wed Nov 27 16:33:20 EST 2013
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20131127163320
998683-86131296-500a5462615b4caaf888767f
6921c67604ad579245782e53aebf1e6da99c1ed-
CC-5298-20131127162642439134