TEAS Petition to Revive SOU

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 2195 (Rev 09/2004)

OMB No. 0651-0054 (Exp 10/31/2017)

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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 2195 (Rev 09/2004)

OMB No. 0651-0054 (Exp 10/31/2017)

Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request

To the Commissioner for Trademarks:

MARK: HYPER TOUGH (Stylized and/or with Design, see http://uspto.report/TM/86131296/mark.png)
SERIAL NUMBER: 86131296

PETITION Petition Statement
Signatory has firsthand knowledge that the failure to file an SOU or Extension Request by the specific deadline was unintentional, and requests the USPTO to revive the abandoned application. Notice of Allowance was received by applicant.

EXTENSION OF TIME TO FILE STATEMENT OF USE
The applicant, Wal-Mart Stores, Inc., having an address of
      702 SW 8th Street
      Bentonville, Arkansas 72716
      United States
      XXXX (authorized)
requests revival of the application identified above, and submits extension(s) of time to file the Statement of Use under 37 C.F.R. Section 2.89.   The Notice of Allowance mailing date was 07/29/2014.

The applicant is filing extension number(s): 5
The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or development


For International Class 006:
Current identification: Metal tool boxes; secure metal storage sheds for tools; metal broom handles; general purpose metal storage bins and containers; metal storage sheds; Nails

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 007:
Current identification: 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

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 008:
Current identification: 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

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 009:
Current identification: extension cords

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 012:
Current identification: 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

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 020:
Current identification: 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

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 021:
Current identification: brooms; waste baskets

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


For International Class 022:
Current identification: 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

The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class.


A fee payment in the amount of $100 will be submitted with the form, representing payment for the petition fee.

A fee payment in the amount of $1000 will be submitted with the form, representing payment for the extension fee.

A fee payment in the total amount of $1100 will be submitted.

Petition




Signature: /danica acosta/ Date Signed: 04/24/2017
Signatory's Name: Danica Acosta
Signatory's Position: Associate General Counsel
Signatory's Phone: 479-277-1695
Declaration

DECLARATION: 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 that all statements made on information and belief are believed to be true.

STATEMENTS FOR PETITION TO REVIVE: The signatory believes that he/she has firsthand knowledge that the applicant's failure to timely file a statement of use (SOU) or request for an extension of time to file a statement of use (extension request) was unintentional; and requests that the USPTO revive the application.

STATEMENTS FOR SOU: The signatory believes that: if the applicant is filing the SOU under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; for a trademark or service mark application, the applicant is using the mark in commerce on or in connection with all the goods/services in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.

STATEMENTS FOR EXTENSION REQUEST: The signatory believes that: if the applicant is filing the extension request under 15 U.S.C. §1051(d), for a trademark or service mark application, the applicant has a continued bona fide intention to use the mark in commerce on or in connection with all the goods/services under §1(b) in the notice of allowance or as subsequently modified; for a collective trademark, collective service mark, or collective membership mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods/services/collective membership organization in the notice of allowance or as subsequently modified; for a certification mark application, the applicant has a bona fide intention to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the goods/services in the notice of allowance or as subsequently modified and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /danica acosta/ Date Signed: 04/24/2017
Signatory's Name: Danica Acosta
Signatory's Position: Associate General Counsel
Signatory's Phone: 479-277-1695

Serial Number: 86131296
Internet Transmission Date: Mon Apr 24 16:20:03 EDT 2017
TEAS Stamp: USPTO/PSE-XX.XX.XXX.XXX-2017042416200355
0752-86131296-5805392d1ac6806490d46a8180
e9c630806a559ed3a829e87bce48c9f9d12ad2-D
A-3378-20170424142500514109