Response to Office Action

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)

---

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)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88418603 OZARK TRAIL OUTDOOR EQUIPMENT(Standard Characters, see http://uspto.report/TM/88418603/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examiner has identified pending U.S. Application Ser. Nos. 87589293, 87070832, 87678234, 86832433, 86832392 as a potential bar to registration of Applicant?s Mark. The Examiner states that if Ser. Nos. 87589293, 87070832, 87678234, 86832433, 86832392 registers, 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. 87589293, 87070832, 87678234, 86832433, 86832392 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. No. 87589293 on August 30, 2017; Ser No. 87070832 on June 14, 2016; Ser. No. 87678234 on November 9, 2017; Ser No. 86832433 on November 25, 2015; Ser. No. 86832392 on November 25, 2019. 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 May 7, 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. 87589293, 87070832, 87678234, 86832433, 86832392 and goods bearing the Applicant?s Mark would believe they emanate from a single source. Accordingly, there is no likelihood of confusion.

The applicant's current attorney information: Holly M. Lar. Holly M. Lar, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      US
The docket/reference number is 81379071.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com

The applicants proposed attorney information: Holly M. Lar. Other appointed attorneys are Danica Acosta, W. LaNelle Owens. Holly M. Lar, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      United States
The docket/reference number is 81379071.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com

Holly M. Lar submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: HOLLY M. LAR. HOLLY M. LAR, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      US
The docket/reference number is 81379071.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com; dsdocketuswmt@dinsmore.com

The applicants proposed correspondence information: Holly M. Lar. Holly M. Lar, is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      United States
The docket/reference number is 81379071.

The phone number is 479-204-5424.

The email address is ustm@walmartlegal.com; dsdocketuswmt@dinsmore.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant is the woner of ApplicationSerial No(s). 87589293; 87070832; 87678234; 86832433; and 86832392. Please see previously attached argument.


SIGNATURE(S)
Declaration Signature

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.

Signature: /HollyMLar/      Date: 09/24/2019
Signatory's Name: Holly M. Lar
Signatory's Position: Attorney of Record, AR AR2011204
Signatory's Phone Number: 479-204-5424


Response Signature
Signature: /HollyMLar/     Date: 09/24/2019
Signatory's Name: Holly M Lar
Signatory's Position: Attorney of Record, AR 2011204

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    HOLLY M. LAR
   
   
   702 SW 8TH STREET, MS 0215
   BENTONVILLE, Arkansas 72716-0215
Mailing Address:    Holly M. Lar
   702 SW 8TH STREET, MS 0215
   BENTONVILLE, Arkansas 72716-0215
        
Serial Number: 88418603
Internet Transmission Date: Tue Sep 24 16:36:38 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190924163638
804720-88418603-6108711ee11ead43c3151498
8cc235fd1696148d8a5b4b96a85f9ddcc6af534c
-N/A-N/A-20190924155156762002