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: 88265662

Filing Date: 01/17/2019

To the Commissioner for Trademarks:

MARK: POP! FLY TRAP (stylized and/or with design, see mark)

The literal element of the mark consists of POP! FLY TRAP.
The color(s) green, light green, orange, white, yellow green, and black is/are claimed as a feature of the mark. The mark consists of a design applied to the goods. The background of the image is primarily orange and light green. On that background at the top is an irregular green field extending from the edge to a little over three quarters of the top of design ending in a straight edge and extending downward approximately one quarter the way down at its lowest point. To the left of the green field is an irregular field of light green dots extending from the upper edge of the design downward to about two thirds the way down the label. Below the green field is the word to the word POP! in stylized block letters outlined in light green and white. The top of the initial P overlaps the upper green field. Partially overlapping the POP! in stylized block white letters outlined in black are the words FLY TRAP. The background upon which the POP! FLY TRAP appears is orange with irregular light green dots. Beneath the words is a solid light green rectangle. Below and to the right of the rectangle is a stylized image of a fly on a yellow green and white background that is a rectangle with an arch for a left edge. At the bottom of the design is a green rectangle.
The applicant, Sterling International Inc., a corporation of Washington, having an address of
      3808 North Sullivan Road, Bldg. 16BV
      Spokane, Washington 99216
      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 005:  Biopesticides for domestic use

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 03/00/2008, and first used in commerce at least as early as 03/00/2008, 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) photo of actual goods bearing the mark.
Specimen File1

       International Class 021:  Insect traps

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 03/00/2008, and first used in commerce at least as early as 03/00/2008, 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) photograph of actual goods bearing the mark.
Specimen File1



The applicant's current Attorney Information:
      Everett E. Fruehling and Jerald E. Nagae, Reg. No. 29,418; George E. Renzoni, Ph.D., Reg. No. 37,919; John D. Denkenberger, Reg. No. 44,060; Everett E. Fruehling; Brandon C. Stallman, Reg. No. 46,468; Laura A. Cruz, Reg. No. 46,649; Ryan E. Dodge, Jr., Reg. No. 42,492; Emily C. Peyser, Reg. No. 59,844; Brian W. Poor, Reg. No. 32,928; Margie B. Aoki, Reg. No. 62,644; Matthew D. Balint, Reg. No. 61,038; Llewellyn Rhys Lawson, Reg. No. 57,869; David P. Sheldon, Reg. No. 62,494; Brian F. McMahon; Melissa A. Nowak, Reg. No. 68,088; B. Casey Fitzpatrick, Reg. No. 66,847, Jadran Adrian Mihailovic, Reg. No. 57,874; James Y. Go, Reg. No. 40,621; and Cory G. Claassen, Reg. No. 50,296; E. Lindsay Calkins of Christensen O'Connor Johnson Kindness      1201 Third Avenue, Suite 3600
      Seattle, Washington 98101
      United States
      206-682-8100(phone)
      2062240779(fax)
      efiling@cojk.com (authorized)
The attorney docket/reference number is STIL-2-58800.

The applicant's current Correspondence Information:

Everett E. Fruehling

Christensen O'Connor Johnson Kindness

1201 Third Avenue, Suite 3600

Seattle, Washington 98101

206-682-8100(phone)

2062240779(fax)

efiling@cojk.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: /Everett E. Fruehling/   Date: 01/17/2019
Signatory's Name: Everett E. Fruehling
Signatory's Position: Attorney of Record, Washington State bar member
Payment Sale Number: 88265662
Payment Accounting Date: 01/18/2019

Serial Number: 88265662
Internet Transmission Date: Thu Jan 17 14:23:37 EST 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20190117142337231
061-88265662-6206b459cd33bd75deffa3285f3
fc6486e6d427fd9f68622692e0cfd6c9e95b1e5e
-CC-14485-20190115134822187405