Application

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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

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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 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2021)

Trademark/Service Mark Application, Principal Register

Serial Number: 90174768

Filing Date: 09/11/2020

To the Commissioner for Trademarks:

MARK: FORTÉ (stylized and/or with design, see mark)
The literal element of the mark consists of FORTÉ. The mark consists of the word FORTÉ in stylized font.
The applicant, Walmart Apollo, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      702 SW 8th Street, MS 0215
      Bentonville, Arkansas 72716
      United States
      XXXX

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 009:  Downloadable computer software for retail store inventory management
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 035:  Analysis of market research data and statistics; Market research and business analyses; Marketing services, namely, conducting consumer tracking behavior research and consumer trend analysis; Analyzing and compiling business data for managing retail data metrics, consumer purchasing data, consumer omnichannel shopping behavior and consumer survey creation, distribution, and data collection; Business monitoring services, namely, tracking web sites and applications of others to provide strategy, insight, marketing, sales, operation, product design, particularly specializing in the use of analytic and statistic models for the understanding and predicting of consumers, businesses and market trends and actions; all of the foregoing in the field of retail stores and shopping industry
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 042:  Providing temporary use of online, non-downloadable software to manage, track, analyze, collect and report on data from respondents in the field of market research; Software as a service (SaaS), namely, hosting computer software for retailers and suppliers to conduct market research and analyze and manage consumer purchasing data and retail market intelligence data; Providing software as a service (SaaS), namely, hosting computer software for managing retail data metrics, consumer purchasing data, consumer omnichannel shopping behavior, and survey creation, distribution, and data collection
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.




The owner's/holder's 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
      United States
      ustm@walmartlegal.com
The docket/reference number is 81413764.
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

PRIMARY EMAIL FOR CORRESPONDENCE: ustm@walmartlegal.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dsdocketuswmt@dinsmore.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service 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 on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; 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 on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /HollyMLar/   Date: 09/11/2020
Signatory's Name: Holly M. Lar
Signatory's Position: Attorney of Record, Arkansas Bar Member
Payment Sale Number: 90174768
Payment Accounting Date: 09/11/2020

Serial Number: 90174768
Internet Transmission Date: Fri Sep 11 14:59:25 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20200911145925
894560-90174768-750b5b6e062cf8539c6a893a
f2a4db577f82d1f83766a9d724fbac68341a936d
95-DA-59256954-20200911140850617542