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: 88015985

Filing Date: 06/26/2018

To the Commissioner for Trademarks:

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

The applicant, Avenger Products, LLC, a limited liability company legally organized under the laws of California, having an address of
      1585 West Mission Blvd.
      Pomona, California 91766
      United States
      714-736-1044(phone)
      714-736-2000(fax)
      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 005:  Herbicides and weed killer for agricultural and domestic use; Organic fertilizers.

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 02/01/2009, and first used in commerce at least as early as 02/01/2009, 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) Specimens consist of photographs of point of purchase packaging featuring the mark as used in interstate commerce..
Specimen File1
Specimen File2
Specimen File3


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4665484, 4661706, and 4479863.

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 applicant's current Correspondence Information:

Willem Gadiano, Non-Legal Representative

LUCIDITY LAW

Suite 500       8300 Boone Blvd.

Vienna, Virginia 22182

703-424-9864(phone)

703-894-2228(fax)

willemg@luciditylaw.com;docket@luciditylaw.com; markc@kittrich.com; priscillas@kittrich.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.

The docket/reference number is WG626199US0.
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 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: //Mark A. Calkins//   Date: 06/26/2018
Signatory's Name: Mark A. Calkins
Signatory's Position: Vice President
Payment Sale Number: 88015985
Payment Accounting Date: 06/27/2018

Serial Number: 88015985
Internet Transmission Date: Tue Jun 26 17:35:35 EDT 2018
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201806261735358
44806-88015985-6102f8c1795796abbc4f38f4c
4d2b79e1468fcc28f3069adbafb7de25c35f87c8
6-CC-5080-20180626171324586959