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: 88215525

Filing Date: 12/04/2018

To the Commissioner for Trademarks:

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

The applicant, AVA Technologies Inc., a Corporation of British Columbia legally organized under the laws of Canada, having an address of
      45 East Cordova Street
      Vancouver, BC V6A 1K3
      Canada

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 011:  Indoor aeroponic and hydroponic smart gardening systems for household or commercial agricultural and horticultural production, consisting of an apparatus for providing water and light
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1931406, filed 11/20/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


       International Class 031:  Ready-to-grow plant pods, consisting of seeds or seedlings, soil-free growing substrate, and slow-release plant nutrients, all packaged and sold as one unit for use with indoor aeroponic and hydroponic smart gardening systems for household or commercial agricultural and horticultural production
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

Priority based on foreign filing: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services and asserts a claim of priority based on Canada application number 1931406, filed 11/20/2018.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.



The applicant's current Attorney Information:
      Vincent C. Lombardozzi and Laura T. Geyer, Maureen E. Kelly and the attorneys at Vorys, Sater, Seymour and Pease LLP of Vorys, Sater, Seymour and Pease LLP
      IPLAW@VORYS
      P.O. Box 2255
      Columbus, Ohio 43216-2255
      United States
      202-467-8800(phone)
      202-533-9099(fax)
      iplaw@vorys.com (authorized)
The attorney docket/reference number is 49089-66.

The applicant's current Correspondence Information:

Vincent C. Lombardozzi

Vorys, Sater, Seymour and Pease LLP

IPLAW@VORYS       P.O. Box 2255

Columbus, Ohio 43216-2255

202-467-8800(phone)

202-533-9099(fax)

iplaw@vorys.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 $550 has been submitted with the application, representing payment for 2 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: /Valerie Song/   Date: 12/03/2018
Signatory's Name: Yo Wen Song
Signatory's Position: CEO
Payment Sale Number: 88215525
Payment Accounting Date: 12/04/2018

Serial Number: 88215525
Internet Transmission Date: Tue Dec 04 07:26:03 EST 2018
TEAS Stamp: USPTO/BAS-XXX.XXX.XX.XXX-201812040726032
00568-88215525-610ceb7b256f4946880f73a80
ac95f0d3cdca1cc52a6664bed2cef6555b3b331-
DA-7950-20181127151846084635