Response to Office Action

OZARK TRAIL

Walmart Apollo, LLC

Response to Office Action

PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 97583156
LAW OFFICE ASSIGNED LAW OFFICE 128
MARK SECTION
MARK mark
LITERAL ELEMENT OZARK TRAIL
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (005) (current)
INTERNATIONAL CLASS 005
DESCRIPTION Mosquito coils
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (005) (proposed)
INTERNATIONAL CLASS 005
TRACKED TEXT DESCRIPTION
Mosquito coils; Mosquito repellent coils
FINAL DESCRIPTION Mosquito repellent coils
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (011) (current)
INTERNATIONAL CLASS 011
DESCRIPTION Rechargeable bug zapper and lantern combination
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (011) (proposed)
INTERNATIONAL CLASS 011
TRACKED TEXT DESCRIPTION
Rechargeable bug zapper and lantern combination; Rechargeable bug zapper and lantern combination, namely, electric lighting lanterns that include an electric device for attracting and killing insects and other bugs
FINAL DESCRIPTION
Rechargeable bug zapper and lantern combination, namely, electric lighting lanterns that include an electric device for attracting and killing insects and other bugs
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
ATTORNEY INFORMATION (current)
NAME Danica Acosta
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
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL danica.acosta@walmartlegal.com
DOCKET/REFERENCE NUMBER 81461041
ATTORNEY INFORMATION (proposed)
NAME Danica Acosta
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
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL dsdocketuswmt@dinsmore.com
DOCKET/REFERENCE NUMBER 81461041
OTHER APPOINTED ATTORNEY Kristen Traina; David Rome
CORRESPONDENCE INFORMATION (current)
NAME DANICA ACOSTA
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE danica.acosta@walmartlegal.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) ustm@walmartlegal.com; dsdocketuswmt@dinsmore.comm
DOCKET/REFERENCE NUMBER 81461041
CORRESPONDENCE INFORMATION (proposed)
NAME Danica Acosta
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE dsdocketuswmt@dinsmore.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) ustm@walmartlegal.com; dsdocketuswmt@dinsmore.comm
DOCKET/REFERENCE NUMBER 81461041
SIGNATURE SECTION
RESPONSE SIGNATURE /danica acosta/
SIGNATORY'S NAME Danica Acosta
SIGNATORY'S POSITION Attorney of Record, California Bar
DATE SIGNED 03/24/2023
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Fri Mar 24 12:45:33 ET 2023
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XX-2
0230324124533073285-97583
156-850c4621fe93f296b23e0
8c3c30feafe9ab93837d7b429
36a31ac3af3b2442e71-N/A-N
/A-20230322180351468467



PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 97583156 OZARK TRAIL(Standard Characters, see http://uspto.report/TM/97583156/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 005 for Mosquito coils
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Mosquito coils; Mosquito repellent coilsClass 005 for Mosquito repellent coils
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 011 for Rechargeable bug zapper and lantern combination
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Rechargeable bug zapper and lantern combination; Rechargeable bug zapper and lantern combination, namely, electric lighting lanterns that include an electric device for attracting and killing insects and other bugsClass 011 for Rechargeable bug zapper and lantern combination, namely, electric lighting lanterns that include an electric device for attracting and killing insects and other bugs
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


The owner's/holder's current attorney information: Danica Acosta. Danica Acosta, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      702 SW 8TH STREET (MS 0215)
      BENTONVILLE, Arkansas 72716
      United States
The docket/reference number is 81461041.
      The email address is danica.acosta@walmartlegal.com

The owner's/holder's proposed attorney information: Danica Acosta. Other appointed attorneys are Kristen Traina; David Rome. Danica Acosta, 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
The docket/reference number is 81461041.
      The email address is dsdocketuswmt@dinsmore.com

Danica Acosta 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. Correspondence Information (current)
      DANICA ACOSTA
      PRIMARY EMAIL FOR CORRESPONDENCE: danica.acosta@walmartlegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ustm@walmartlegal.com; dsdocketuswmt@dinsmore.comm

The docket/reference number is 81461041.
Correspondence Information (proposed)
      Danica Acosta
      PRIMARY EMAIL FOR CORRESPONDENCE: dsdocketuswmt@dinsmore.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ustm@walmartlegal.com; dsdocketuswmt@dinsmore.comm

The docket/reference number is 81461041.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /danica acosta/     Date: 03/24/2023
Signatory's Name: Danica Acosta
Signatory's Position: Attorney of Record, California Bar
Signature method: Sent to third party for signature

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:    DANICA ACOSTA
   
   
   702 SW 8TH STREET (MS 0215)
   BENTONVILLE, Arkansas 72716
Mailing Address:    Danica Acosta
   
   702 SW 8th Street, MS 0215
   Bentonville, Arkansas 72716
        
Serial Number: 97583156
Internet Transmission Date: Fri Mar 24 12:45:33 ET 2023
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2023032412453307
3285-97583156-850c4621fe93f296b23e08c3c3
0feafe9ab93837d7b42936a31ac3af3b2442e71-
N/A-N/A-20230322180351468467



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