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)

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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 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88461945 NON-MEMBERSHIP HAS ITS BENEFITS(Standard Characters, see http://uspto.report/TM/88461945/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services featuring a wide variety of consumer goods; Retail grocery stores; Retail pharmacy services; Retail store services featuring a wide variety of consumer goods of others; Retail store services featuring electronics, appliances, indoor and outdoor furniture, home décor, health, beauty and personal care products, household essentials, apparel, home improvement products, grilling products, entertainment recordings, video games, books and publications, musical instruments, office supplies, arts and craft supplies; Online retail store services; Online retail store services featuring a wide variety of consumer goods; Online retail store services featuring a wide variety of consumer goods of others; Online retail grocery stores; Online retail pharmacy services; Online retail store services featuring electronics, appliances, indoor and outdoor furniture, grilling products, home improvement products, home décor, health, beauty and personal care products, household essentials, apparel, entertainment recordings, video games, books and publications, musical instruments, office supplies, arts and craft supplies
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, 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.

Proposed:
Tracked Text Description: Retail store services featuring a wide variety of consumer goods; Retail store services featuring electronics, TVs, laptops, cell phones, tablets, video games, desktop computers, cameras, camcorders, computer hardware, e-readers and a wide variety of consumer goods of others; Retail grocery stores; Retail pharmacy services; Retail store services featuring a wide variety of consumer goods of others; Retail store services featuring electronics, appliances, indoor and outdoor furniture, home décor, health, beauty and personal care products, household essentials, apparel, home improvement products, grilling products, entertainment recordings, video games, books and publications, musical instruments, office supplies, arts and craft supplies; Online retail store services; Online retail store services featuring electronics, TVs, laptops, cell phones, tablets, video games, desktop computers, cameras, camcorders, computer hardware, e-readers, tablets]; Online retail store services featuring a wide variety of consumer goods; Online retail store services featuring electronics, TVs, laptops, cell phones, tablets, video games, desktop computers, cameras, camcorders, computer hardware, e-readers, tablets and a wide variety of consumer goods; Online retail store services featuring a wide variety of consumer goods of others; Online retail grocery stores; Online retail grocery stores featuring in-store order pickup; Online retail pharmacy services; Online retail pharmacy services featuring in-store order pickup; Online retail store services featuring electronics, appliances, indoor and outdoor furniture, grilling products, home improvement products, home décor, health, beauty and personal care products, household essentials, apparel, entertainment recordings, video games, books and publications, musical instruments, office supplies, arts and craft suppliesClass 035 for Retail store services featuring electronics, TVs, laptops, cell phones, tablets, video games, desktop computers, cameras, camcorders, computer hardware, e-readers and a wide variety of consumer goods of others; Retail grocery stores; Retail pharmacy services; Retail store services featuring a wide variety of consumer goods of others; Retail store services featuring electronics, appliances, indoor and outdoor furniture, home décor, health, beauty and personal care products, household essentials, apparel, home improvement products, grilling products, entertainment recordings, video games, books and publications, musical instruments, office supplies, arts and craft supplies; Online retail store services featuring electronics, TVs, laptops, cell phones, tablets, video games, desktop computers, cameras, camcorders, computer hardware, e-readers, tablets]; Online retail store services featuring electronics, TVs, laptops, cell phones, tablets, video games, desktop computers, cameras, camcorders, computer hardware, e-readers, tablets and a wide variety of consumer goods; Online retail store services featuring a wide variety of consumer goods of others; Online retail grocery stores featuring in-store order pickup; Online retail pharmacy services featuring in-store order pickup; Online retail store services featuring electronics, appliances, indoor and outdoor furniture, grilling products, home improvement products, home décor, health, beauty and personal care products, household essentials, apparel, entertainment recordings, video games, books and publications, musical instruments, office supplies, arts and craft supplies
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, 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.

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

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      US
The docket/reference number is 81379788.

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 W. LaNelle Owens, Danica Acosta. Holly M. Lar of Walmart Inc., 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 81379788.

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 of WALMART INC., is located at

      702 SW 8TH STREET, MS 0215
      BENTONVILLE, Arkansas 72716-0215
      US
The docket/reference number is 81379788.

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 of Walmart Inc., is located at

      702 SW 8th Street, MS 0215
      Bentonville, Arkansas 72716-0215
      United States
The docket/reference number is 81379788.

The phone number is 479-204-5424.

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

SIGNATURE(S)
Response Signature
Signature: /HollyMLar/     Date: 01/09/2020
Signatory's Name: Holly M. Lar
Signatory's Position: Attorney of Record, AR2011204

Signatory's Phone Number: 479-204-5424

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
   WALMART INC.
   
   702 SW 8TH STREET, MS 0215
   BENTONVILLE, Arkansas 72716-0215
Mailing Address:    Holly M. Lar
   Walmart Inc.
   702 SW 8th Street, MS 0215
   Bentonville, Arkansas 72716-0215
        
Serial Number: 88461945
Internet Transmission Date: Thu Jan 09 15:15:23 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200109151523
928139-88461945-7003ff9c56baffc81329480a
aff8a452e359fe34368bcda57ee4f82b8124d03d
-N/A-N/A-20200109141745942095