Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 09/30/2008)

Trademark/Service Mark Application, Principal Register

Serial Number: 77009465

Filing Date: 09/28/2006

To the Commissioner for Trademarks:

MARK: BIOTRANSPORT (Standard Characters, see mark)
The literal element of the mark consists of BIOTRANSPORT. The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, AeroGrow International, Inc., a corporation of Nevada, having an address of 900 28th St. Suite 201, Boulder, Colorado, United States, 80303, 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.

       International Class _______: Gardening appliance systems, namely hydroponic and aeroponic, agricultural and horticultural propagation systems, for use in growing plants, namely, one or more chambers and apparatus capable of providing water, plant nutrients, and light, said system comprising an irrigation means, lighting fixtures, and lights.
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

Correspondence Information:	AeroGrow International, Inc.
	900 28th St. Suite 201
	Boulder, Colorado 80303
	303-444-7755(phone)
	303-444-0406(fax)
	Laura@aerogrow.com (authorized)

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es).

Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.


Signature: /Laura L. Conley/   Date Signed: 09/28/2006
Signatory's Name: Laura L. Conley
Signatory's Position: Research & Intellectual Property



RAM Sale Number: 1678
RAM Accounting Date: 09/28/2006

Serial Number: 77009465
Internet Transmission Date: Thu Sep 28 13:11:40 EDT 2006
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20060928131140204
250-77009465-3509d428e08129a53c7aa569a53
43a644-CC-1678-20060928130041906571