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: 88361420

Filing Date: 03/28/2019

To the Commissioner for Trademarks:

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

The applicant, Upstream Technologies, Inc., a corporation of Delaware, having an address of
      Suite 14
      600 County Road D West
      New Brighton, Minnesota 55112
      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 011:  Automated infiltrometer system comprising an infiltrometer assembly, graduated water cylinder with stainless steel base, wooden set and mallet, moisture reading meter, and tablet computer with pre-loaded software for gathering and uploading infiltration data to a cloud server for the calculation and reporting of field hydraulic conductivity of soil; Storm water sediment capture baffles; Storm water garbage traps for use in manhole sump structures

In International Class 011, 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 10/00/2011, and first used in commerce at least as early as 10/00/2011, 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 the goods.
Specimen File1

       International Class 042:  Providing temporary use of non-downloadable cloud-based software for data processing and reporting regarding hydraulic conductivity of soil; providing an interactive website featuring technology that allows users to upload field infiltration test data, enter user data, and generate reports regarding field hydraulic conductivity of soil; providing data analysis and reports regarding hydraulic conductivity of soil

In International Class 042, 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 06/00/2016, and first used in commerce at least as early as 06/00/2016, 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) web page.
Specimen File1


The applicant's current Attorney Information:
      Barbara J Grahn of Fox Rothschild LLP
      Suite 2000
      222 South Ninth St
      Minneapolis, Minnesota 55402
      United States
      612-607-7325(phone)
      612-607-7100(fax)
      bgrahn@foxrothschild.com (authorized)
The attorney docket/reference number is 204012.00003.

The applicant's current Correspondence Information:

Barbara J Grahn

Fox Rothschild LLP

Suite 2000       222 South Ninth St

Minneapolis, Minnesota 55402

612-607-7325(phone)

612-607-7100(fax)

bgrahn@foxrothschild.com;ipdocket@foxrothschild.com; drodrigue@foxrothschild.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: /Rick Kuntz/   Date: 03/28/2019
Signatory's Name: Rick Kuntz
Signatory's Position: CEO
Payment Sale Number: 88361420
Payment Accounting Date: 03/29/2019

Serial Number: 88361420
Internet Transmission Date: Thu Mar 28 16:13:56 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201903281613564
72686-88361420-620d0e0bacf7a8b7d1ecb49ef
c62828be5aa07eab461d5c86c449d8d791ea4d6-
CC-3172-20190327223628763695