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 1966 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Voluntary Amendment


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER88098556
LAW OFFICE ASSIGNEDLAW OFFICE 101
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88098556/large
LITERAL ELEMENT PYROFARMS
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 (current)
INTERNATIONAL CLASS031
DESCRIPTION
Bioluminescent marine plankton, purified and nutrient-enriched seawater. micro-aquariums
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/04/2018
        FIRST USE IN COMMERCE DATE At least as early as 04/13/2018
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS031
DESCRIPTION
Bioluminescent marine plankton, purified and nutrient-enriched seawater. micro-aquariums
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 04/04/2018
       FIRST USE IN COMMERCE DATE At least as early as 04/13/2018
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\880\985\88098556\xml3\ PRA0002.JPG
       \\TICRS\EXPORT17\IMAGEOUT 17\880\985\88098556\xml3\ PRA0003.JPG
       SPECIMEN DESCRIPTIONScreenshots of the product pages where the mark is used on the products and product packaging.
SIGNATURE SECTION
DECLARATION SIGNATURE /Dean Sauer/
SIGNATORY'S NAME Dean Sauer
SIGNATORY'S POSITION CFO
SIGNATORY'S PHONE NUMBER 760-889-3995
DATE SIGNED 12/17/2018
RESPONSE SIGNATURE /Dean Sauer/
SIGNATORY'S NAME Dean Sauer
SIGNATORY'S POSITION CFO
SIGNATORY'S PHONE NUMBER 760-889-3995
DATE SIGNED 12/17/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Dec 17 23:09:46 EST 2018
TEAS STAMP USPTO/PRA-XX.XX.XX.XXX-20
181217230946930905-880985
56-62049ada630a9b63a8b107
d5a7cd3767aa943c4487c982b
eccbb16d8b085b53a-N/A-N/A
-20181217225512149169



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 1966 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 88098556 PYROFARMS(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88098556/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 031 for Bioluminescent marine plankton, purified and nutrient-enriched seawater. micro-aquariums
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/04/2018 and first used in commerce at least as early as 04/13/2018 , and is now in use in such commerce.

Proposed: Class 031 for Bioluminescent marine plankton, purified and nutrient-enriched seawater. micro-aquariums
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/04/2018 and first used in commerce at least as early as 04/13/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 031 . The specimen(s) submitted consists of Screenshots of the product pages where the mark is used on the products and product packaging. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

SIGNATURE(S)
Declaration Signature

DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Dean Sauer/      Date: 12/17/2018
Signatory's Name: Dean Sauer
Signatory's Position: CFO
Signatory's Phone Number: 760-889-3995


Voluntary Amendment Signature
Signature: /Dean Sauer/     Date: 12/17/2018
Signatory's Name: Dean Sauer
Signatory's Position: CFO

Signatory's Phone Number: 760-889-3995

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the applicant ; or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88098556
Internet Transmission Date: Mon Dec 17 23:09:46 EST 2018
TEAS Stamp: USPTO/PRA-XX.XX.XX.XXX-20181217230946930
905-88098556-62049ada630a9b63a8b107d5a7c
d3767aa943c4487c982beccbb16d8b085b53a-N/
A-N/A-20181217225512149169