TEAS RF New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86543236

Filing Date: 02/23/2015

To the Commissioner for Trademarks:

MARK: RAIN BIRD (stylized and/or with design, see mark)

The literal element of the mark consists of RAIN BIRD.
The applicant is not claiming color as a feature of the mark. The mark consists of the words RAIN BIRD with a bird design.
The applicant, Rain Bird Corporation, a corporation of California, having an address of
      970 West Sierra Madre Avenue
      Azusa, California 91702
      United States


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 007:  Water treatment equipment, namely, pumps for use in irrigation systems; pump control valves; hydraulically operated remote control valves; centrifugal pumps; submersible pumps; centrifugal separators; power-operated hose reels

In International Class 007, 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 12/00/1965, and first used in commerce at least as early as 12/00/1965, 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) specimen.
Specimen File1
Specimen File2

       International Class 009:  Automatic controls for irrigation systems; irrigation controllers; environmentally responsive controllers for irrigation systems; decoder controllers for irrigation systems; encoder modules and decoder circuits for operating electronic irrigation controllers as decoder controllers; station modules for expanding the zone capacity of electronic irrigation controllers; electronic modules and components for electronic irrigation controllers; remote controls for irrigation systems; electric and electronic irrigation control panels; wireless electronic devices for use with irrigation controllers; timers; transceivers; transmitters; transformers; control valves for regulating the flow of liquids; solenoid valves; power supplies; software and computer hardware for controlling, monitoring and/or analyzing irrigation systems and environmental conditions; computer software and hardware for controlling, monitoring and/or analyzing irrigation systems, environmental data, and growing conditions; computer programs and instruction manuals in electronic format for use with irrigation systems; sensors for use with irrigation controllers and/or irrigation systems; pressure gauges; rain gauges; gauges for use with irrigation systems; surge protectors; electrical connectors; electrical switches; electrical wire; wire connectors; plug-in connectors; integrated circuit modules; automatic valves; solar cells; anemometers; pressure relief valves for use with drainage pipes; timers; lighting controls; calculators; downloadable software in the nature of a mobile application for the control and monitoring of irrigation systems; sonic devices for algae control; water meters; audio and video recordings about irrigation, about irrigation systems and equipment, and about water usage, conservation, and management; downloadable educational course materials in the fields of water conservation and science
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)).

       International Class 011:  Irrigation sprinklers; irrigation sprinkler structural parts; irrigation systems for watering or irrigation of agricultural crops, lawns, turf, horticultural and ornamental plants; lawn sprinkler systems comprising pumps, valves, and filters; irrigation systems comprising irrigation sprinklers, spray bodies, spray nozzles, water emitters, valves, valve actuators, electronic controllers, sensors, timers, irrigation piping and tubing, filters, and replacement parts therefor; dripper irrigation systems comprising irrigation tubing, water emitters, water bubblers, valves, valve actuators, filters, electronic controllers, sensors, and replacement parts therefor; valves being parts of irrigation systems and valve replacement parts therefor; valves being parts of sprinkler systems; valve actuators; irrigation spray nozzles; irrigation spray bodies; sprinkler heads for irrigation sprinklers; rotors for irrigation sprinklers for controlling the direction of irrigation spray nozzles; irrigation emitters; irrigation bubblers; non-metal pipe and tube fittings as structural parts of irrigation systems; non-metal water distribution manifolds for irrigation systems; water filters; filters and filtering devices for irrigation systems; irrigation system filters and filter screens; pressure regulators for irrigation systems; water filtering apparatus; water filtering units for commercial, municipal or industrial use; water purification and filtration apparatus; water purification, sedimentation and filtration apparatus for clarification, thickening and filtration of water, waste water and industrial water; dust control systems comprising sprinklers and electronic controllers; non-metal irrigation tubing; non-metal irrigation drip line tubing; non-metal irrigation tubing with emitters built into the tubing

In International Class 011, 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 12/00/1963, and first used in commerce at least as early as 12/00/1963, 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) specimen.
JPG file(s):
Specimen File1
Original PDF file:
SPE012345670-3819534170-20150120125024127144_._Class_11_Specimen_from_Site_Print_-_Drip_Kit_2.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

       International Class 017:  Non-metallic hoses and flexible pipes; non-metal tubing; flexible tubes of plastic; non-metal hose fittings; irrigation hoses; irrigation hoses and tubing and fittings, couplings, and connectors therefor; watering hoses; plastic tube members used in drip irrigation systems; non-metal irrigation lines, hoses and tapes for drip irrigation; lawn hoses; polyethylene tubing for irrigation use; non-metal irrigation tubing; non-metal irrigation drip line tubing; non-metal irrigation tubing with emitters built into the tubing

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 12/00/1965, and first used in commerce at least as early as 12/00/1965, 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) specimen.
Specimen File1
Specimen File2

       International Class 019:  Non-metallic construction materials, namely, drain bases and grates; plastic in-ground catch basins for drainage and plastic basin plugs therefor; pipe fittings comprised primarily of plastic

In International Class 019, 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 00/00/1973, and first used in commerce at least as early as 00/00/1973, 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) specimen.

Original PDF file:
SPE012345670-3819534170-20150120125024127144_._Class_19_Specimen.pdf
Converted PDF file(s) (1 page)
Specimen File1

       International Class 021:  Sprinklers; sprinkler systems, comprising sprinklers, nozzles, emitters, valves, fittings, and couplings and structural parts for the foregoing; sprinklers and sprinkler structural parts for watering plants, flowers, gardens, and lawns; sprinkler heads; sprinkler nozzles; sprinkler emitters; hose nozzles; sprayers attached to garden hoses; basins

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 12/00/1978, and first used in commerce at least as early as 12/00/1978, 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) specimen.
Specimen File1

       International Class 041:  Training services in the fields of irrigation, water conservation and management, landscape irrigation design, and the design, installation, operation, maintenance, and repair of irrigation systems and irrigation equipment and distribution of training and course materials in connection therewith; training in the use, design, installation, operation, maintenance, and repair of irrigation systems and irrigation equipment and distribution of training and course materials in connection therewith; educational services, namely, providing continuing professional education courses in the fields of irrigation, water conservation and management, landscape irrigation design, and the design, installation, operation, maintenance, and repair of irrigation systems and irrigation equipment and distribution of course materials in connection therewith; business training; providing information about water conservation and water usage management

In International Class 041, 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 00/00/1993, and first used in commerce at least as early as 00/00/1993, 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) specimen.

Original PDF file:
SPE012345670-3819534170-20150120125024127144_._Class_41_Specimen_of_Use_-_2014-2015-TrainingGuide.pdf
Converted PDF file(s) (17 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17

       International Class 042:  Design services for irrigation, watering, and sprinkler systems; consulting services in the field of irrigation; consulting services in the field of irrigation systems and design of irrigation systems; providing a website featuring technology that enables users to monitor, control, and analyze irrigation and irrigation systems, to monitor and analyze environmental data and conditions, to prepare reports on irrigation and irrigation systems data and/or environmental data and conditions, to store and maintain irrigation and environmental data; providing online, non-downloadable software for monitoring, controlling and analyzing irrigation and irrigation systems and environmental conditions and growing environments, for monitoring and analyzing environmental data and conditions, for generating and providing alerts and notifications concerning irrigation systems and environmental and growing conditions, for preparing reports on irrigation, irrigation systems, and/or environmental data and conditions, for storing and maintaining irrigation and environmental data

In International Class 042, 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 00/00/2009, and first used in commerce at least as early as 00/00/2009, 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) specimen.

Original PDF file:
SPE012345670-3819534170-20150120125024127144_._Class_42_Specimen_from_Site_Print.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2



Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 0567442, 1157940, 1638034, and others.

The applicant's current Attorney Information:
      Alisa C. Simmons and Mark W. Hetzler and John F. Flannery, Timothy E. Levstik, Joseph E. Shipley, Joseph T. Nabor, Steven C. Schroer, Karl R. Fink, Mark W. Hetzler, Timothy P. Maloney, Stephen S. Favakeh, Richard E. Wawrzyniak, Steven G. Parmelee, Thomas F. Lebens, Kendrew H. Colton, Scott J. Menghini, Rudy Kratz, Edward E. Clair, John E. Lyhus, Jon A. Birmingham, Steven M. Freeland, Mark A. Borsos, Timothy R. Baumann, Jeffrey A. Chelstrom, Nicholas T. Peters, Christine A. Pompa, Alisa C. Simmons, Edward W. Gray, Jr., Sherri N. Blount, John M. Naber of Fitch, Even, Tabin & Flannery LLP

      Suite 1600
      120 South LaSalle Street
      Chicago, Illinois 60603
      United States
The attorney docket/reference number is 8473-134247.

The applicant's current Correspondence Information:

Alisa C. Simmons and Mark W. Hetzler

Fitch, Even, Tabin & Flannery LLP

Suite 1600       120 South LaSalle Street

Chicago, Illinois 60603

312-577-7000(phone)

312-577-7007(fax)

trademark@fitcheven.com;asimmons@fitcheven.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $2200 has been submitted with the application, representing payment for 8 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; 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 goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has 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 person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like 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 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: Not Provided    Date: Not Provided
Signatory's Name: Anthony LaFetra
Signatory's Position: President
RAM Sale Number: 86543236
RAM Accounting Date: 02/24/2015

Serial Number: 86543236
Internet Transmission Date: Mon Feb 23 17:10:13 EST 2015
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2015022317101372
1778-86543236-53054d79fc2f3692e523842a9f
a4a04dc8ff5ed6cc86cd4c0fe843a4921e6cf48-
CC-4353-20150223165941967481