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)

---

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: 88330445

Filing Date: 03/07/2019

To the Commissioner for Trademarks:

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

The applicant, Ag Growth International Inc., a corporation of Canada, having an address of
      198 Commerce Drive
      Winnipeg, MN R3P0Z6
      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 009:  Providing software application for use by customers to manage data relating to farm inputs, costs and crop yield results; providing online downloadable software for use by customers to manage data relating to farm inputs, costs and crop yields results; online downloadable software and computer application software for mobile phones, handheld computers and other portable devices, namely, software for submitting and collecting sample information from plants, crops and soil in agriculture; online downloadable software and computer application software for mobile phones, handheld computers and other portable devices, namely, software for generating reports containing information about plant, crop and soil histories along with product recommendations for improving agricultural yields

In International Class 009, 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 02/04/2019, and first used in commerce at least as early as 02/04/2019, 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) screenshots from the owner's website showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

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 1947819, filed 02/22/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.



The applicant's current Attorney Information:
      Kathleen S. Ryan of The Ollila Law Group LLC      2569 Park Lane, Suite 202
      Lafayette, Colorado 80026
      United States
      303-938-9999 x110(phone)
      303-938-9995(fax)
      trademarks@olgip.com (authorized)
The attorney docket/reference number is 10700/044.

The applicant's current Correspondence Information:

Kathleen S. Ryan

The Ollila Law Group LLC

2569 Park Lane, Suite 202

Lafayette, Colorado 80026

303-938-9999 x110(phone)

303-938-9995(fax)

trademarks@olgip.com;kryan@olgip.com; jjung@olgip.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 $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: /Kathleen S. Ryan/   Date: 03/07/2019
Signatory's Name: Kathleen S. Ryan
Signatory's Position: Attorney of record, Colorado bar member
Payment Sale Number: 88330445
Payment Accounting Date: 03/08/2019

Serial Number: 88330445
Internet Transmission Date: Thu Mar 07 17:40:24 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2019030717402478
1235-88330445-620cb9e6f4675bdff60fcc2b49
ed8284834286df7a22b8a8746cb0f8fc1c3cd6-C
C-4279-20190306164017546984