TEAS RF New 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: 87799718

Filing Date: 02/15/2018

To the Commissioner for Trademarks:

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

The applicant, Out-Grow, LLC, a limited liability company legally organized under the laws of Illinois, having an address of
      11321 North Hulbert Road
      McConnell, Illinois 61050
      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 001:  soil additives

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 04/00/2011, and first used in commerce at least as early as 04/00/2011, 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) electronic display bearing mark.

Original PDF file:
SPE0-6473122189-20180213102802449984_._511463_OUT-GROW__specimen_01_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

       International Class 005:  medicinal mushroom cultures; mushroom substrates for growing mushrooms

In International Class 005, 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 04/00/2011, and first used in commerce at least as early as 04/00/2011, 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) electronic display bearing mark.

Original PDF file:
SPE0-6473122189-20180213102802449984_._511463_OUT-GROW__specimen_05_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

       International Class 029:  dehydrated mushrooms; mushroom powders

In International Class 029, 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 06/00/2017, and first used in commerce at least as early as 06/00/2017, 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) electronic display bearing mark.

Original PDF file:
SPE0-6473122189-20180213102802449984_._511463_OUT-GROW__specimen_29_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

       International Class 031:  fresh mushrooms; spawn for mushrooms; edible mushroom cultures

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 04/00/2011, and first used in commerce at least as early as 04/00/2011, 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) electronic display bearing mark.

Original PDF file:
SPE0-6473122189-20180213102802449984_._511463_OUT-GROW__specimen_31_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

       International Class 035:  retail online ordering services featuring mushroom products and products related to cultivating and preserving mushrooms, namely, educational books, canner and sterilizer parts, tea, mushroom drink mixers, body cream, face cream, extracts for pets, dietary supplements, mushroom hunting knives, capsule casings, scales, daubers, mortars and pestles, hand sanitizer, cotton tipped applicators, centrifuge tubes, syringe caps, thermometers, burner lamps, alcohol prep pads, wash bottles, burner lamps, injection ports, gasket makers, culture lids, mushroom dissection kits, pH test strips, polyfill fiber, syringe filters, filter discs, moisture meters, light meters, pH meters, liquid cultures, micropore tape, petri dishes, jars, culture media and isolation tools, dextrose, agar, bacto peptone, liquid culture premix, vacuum sealer rolls, desiccant packets, vacuum sealer bags, dehydrators, vacuum sealers, trays, nutritional supplements, mushroom powders, impulse heat sealers, laboratory apparel including gloves, face masks, caps, boot covers, lab coats, lab pants, lab sleeves, microscopes, slide covers, microscope accessories, immersion oil, mushroom grow bags, poly tubing

In International Class 035, 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 04/00/2011, and first used in commerce at least as early as 04/00/2011, 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) electronic display bearing mark.

Original PDF file:
SPE0-6473122189-20180213102802449984_._511463_OUT-GROW__specimen_35_.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2

       International Class 042:  providing a website offering information about mushroom cultivation

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 04/00/2011, and first used in commerce at least as early as 04/00/2011, 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) electronic display bearing mark.

Original PDF file:
SPE0-6473122189-20180213102802449984_._511463_OUT-GROW__specimen_42_.pdf
Converted PDF file(s) (6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6


The applicant's current Attorney Information:
      Timothy P. Naill and Any attorney for Reinhart Boerner Van Deuren P.C. and Reinhart Boerner Van Deuren s.c. of Reinhart Boerner Van Deuren P.C.      2215 Perrygreen Way
      Rockford, Illinois 61107
      United States
      815-633-5300(phone)
      815-654-5770(fax)
      rockmail@reinhartlaw.com (authorized)
The attorney docket/reference number is 511463.

The applicant's current Correspondence Information:

Timothy P. Naill

Reinhart Boerner Van Deuren P.C.

2215 Perrygreen Way

Rockford, Illinois 61107

815-633-5300(phone)

815-654-5770(fax)

rockmail@reinhartlaw.com;alocke@reinhartlaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1650 has been submitted with the application, representing payment for 6 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 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 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 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: /Mike Wiberg/   Date: 02/15/2018
Signatory's Name: Michael J. Wiberg
Signatory's Position: Manager
Payment Sale Number: 87799718
Payment Accounting Date: 02/16/2018

Serial Number: 87799718
Internet Transmission Date: Thu Feb 15 18:05:07 EST 2018
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2018021518050758
6644-87799718-510d0db39c942db2b3663b8ded
1585c13a238cffeedf2ce849a99a29acf90f0c4-
DA-4962-20180215143302818487