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: 90314664

Filing Date: 11/12/2020

To the Commissioner for Trademarks:

MARK: EXPERT GARDENER (Standard Characters, see mark)
The literal element of the mark consists of EXPERT GARDENER. The mark consists of standard characters, without claim to any particular font style, size, or color.
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 001:  Plant food; lawn and plant fertilizer for domestic use; potting soil; spike-shaped fertilizer

In International Class 001, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 07/31/1999, and first used in commerce at least as early as 07/31/1999, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) point of sale reference showing the mark used in connection with the goods.

Original PDF file:
SPE0-66241187239-20201111 152114910611_._EG_Class_1.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 017:  Garden hoses

In International Class 017, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 06/30/2007, and first used in commerce at least as early as 06/30/2007, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) point of sale reference showing the mark used in connection with the goods.

Original PDF file:
SPE0-66241187239-20201111 152114910611_._EG_Class_1 7.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 021:  Watering devices, namely, hose-in sprayers in the nature of sprayers attached to garden hoses; lawn sprinklers

In International Class 021, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 11/23/2018, and first used in commerce at least as early as 11/23/2018, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) point of sale reference showing the mark used in connection with the goods.

Original PDF file:
SPE0-66241187239-20201111 152114910611_._EG_Class_2 1.pdf
Converted PDF file(s) (1 page)
Specimen File1

International Class 031:  Top soil; grass seed

In International Class 031, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 06/30/2007, and first used in commerce at least as early as 06/30/2007, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) point of sale reference showing the mark used in connection with the goods.

Original PDF file:
SPE0-66241187239-20201111 152114910611_._EG_Class_3 1.pdf
Converted PDF file(s) (1 page)
Specimen File1


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5224369, 6147999, 4946297, and others.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


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
      holly.lar@walmartlegal.com
The docket/reference number is 81413193.
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: holly.lar@walmartlegal.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dsdocketuswmt@dinsmore.com; ustm@walmartlegal.com; walmarttm@kutakrock.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 $1100 has been submitted with the application, representing payment for 4 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: 11/12/2020
Signatory's Name: Holly M. Lar
Signatory's Position: Attorney of Record, AR2011204
Payment Sale Number: 90314664
Payment Accounting Date: 11/12/2020

Serial Number: 90314664
Internet Transmission Date: Thu Nov 12 09:46:57 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202011120946577
18264-90314664-75059cbe97346bbfcd12b992e
6784b36cee849a688188fbb74ab6e67f40faac3e
22-CC-46560366-20201111152114910611