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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88339476 |
LAW OFFICE ASSIGNED | LAW OFFICE 108 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88339476/mark.png |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR(S) CLAIMED (If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of a road running between two mountains. |
ARGUMENT(S) | |
The Examiner has identified pending U.S. Application Ser. Nos. 87678260 and 87589298 as a potential bar to registration of Applicant?s Mark. The Examiner states that if Ser. Nos. 87678260 and 87589298 register, the Applicant?s Mark may be refused under Trademark Act Section 2(d) due to a likelihood of confusion. However, in this instance there is no likelihood of confusion because consumers who encounter goods bearing the mark in Ser. Nos. 87678260 and 87589298 and goods bearing the Applicant?s Mark would believe they emanate from a single source. In some instances, ?the close relationship between related companies will obviate any likelihood of confusion in the public mind because the related companies constitute a single source.? TMEP ? 1201.07. Furthermore, ?[i]f the applicant ? represents that either the applicant or the registrant owns all of the other entity, and there is no contradictory evidence, then the examining attorney should conclude that there is unity of control, a single source, and no likelihood of confusion.? TMEP Section ? 1201.07(b)(i). Here, Wal-Mart Stores, Inc., filed Ser. Nos. 87678260 on November 11, 2017 and 87899298 on August 30, 2017. On January 15, 2018, Walmart Apollo, LLC, was formed, with Wal-Mart Stores, Inc., as the sole owner. On February 1, 2018, Wal-Mart Stores, Inc., changed its name from Wal-Mart Stores, Inc., to Walmart Inc. without affecting any of the entity?s corporate structure or ongoing operations. On March 14, 2019, Walmart Apollo, LLC, filed the subject Application. Since Wal-Mart Stores, Inc., (now known as Walmart Inc.) is the sole owner of the Applicant, consumers who encounter goods bearing the mark in Ser. Nos. 87678260 and 87589298 and goods bearing the Applicant?s Mark would believe they emanate from a single source. Accordingly, there is no likelihood of confusion. | |
ADDITIONAL STATEMENTS SECTION | |
MISCELLANEOUS STATEMENT | Applicant is the owner of Application Serial Nos. 87678260 and 87589298. Please see attached argument. |
ATTORNEY SECTION (current) | |
NAME | Holly M. Lar |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
STREET | 702 SW 8TH STREET, MS 0215 |
CITY | BENTONVILLE |
STATE | Arkansas |
POSTAL CODE | 72716-0215 |
COUNTRY | US |
PHONE | 479-204-5424 |
ustm@walmartlegal.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 81370310 |
ATTORNEY SECTION (proposed) | |
NAME | Holly M. Lar |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
STREET | 702 SW 8TH STREET, MS 0215 |
CITY | BENTONVILLE |
STATE | Arkansas |
POSTAL CODE | 72716-0215 |
COUNTRY | United States |
PHONE | 479-204-5424 |
ustm@walmartlegal.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 81370310 |
OTHER APPOINTED ATTORNEY | Danica Acosta, W. LaNelle Owens |
CORRESPONDENCE SECTION (current) | |
NAME | HOLLY M. LAR |
STREET | 702 SW 8TH STREET, MS 0215 |
CITY | BENTONVILLE |
STATE | Arkansas |
POSTAL CODE | 72716-0215 |
COUNTRY | US |
PHONE | 479-204-5424 |
ustm@walmartlegal.com; dsdocketuswmt@dinsmore.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 81370310 |
CORRESPONDENCE SECTION (proposed) | |
NAME | Holly M. Lar |
STREET | 702 SW 8TH STREET, MS 0215 |
CITY | BENTONVILLE |
STATE | Arkansas |
POSTAL CODE | 72716-0215 |
COUNTRY | United States |
PHONE | 479-204-5424 |
ustm@walmartlegal.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 81370310 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /HollyMLar/ |
SIGNATORY'S NAME | Holly M. Lar |
SIGNATORY'S POSITION | Attorney of Record, AR AR2011204 |
SIGNATORY'S PHONE NUMBER | 479-204-5424 |
DATE SIGNED | 09/27/2019 |
RESPONSE SIGNATURE | /HollyMLar/ |
SIGNATORY'S NAME | Holly M. Lar |
SIGNATORY'S POSITION | Attorney of Record, AR 2011204 |
DATE SIGNED | 09/27/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Sep 27 11:08:54 EDT 2019 |
TEAS STAMP | USPTO/ROA-XXX.XXX.XXX.XXX -20190927110854213770-883 39476-610f89b16e452253182 63d543355b4d848e9f6192f16 e258777222136aead722e0-N/ A-N/A-2019092710330636854 2 |
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 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the 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 or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, 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. 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.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; 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; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. 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.