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: 88366450

Filing Date: 04/01/2019

To the Commissioner for Trademarks:

MARK: REUSABLE FLY TRAP ADD WATER. SUBTRACT FLIES. FLIES FIND IT FAST LETS FLIES IN, BUT NOT OUT EASY TO REUSE, LESS WASTE (stylized and/or with design, see mark)

The literal element of the mark consists of REUSABLE FLY TRAP ADD WATER. SUBTRACT FLIES. FLIES FIND IT FAST LETS FLIES IN, BUT NOT OUT EASY TO REUSE, LESS WASTE.
The color(s) green, gray, light gray, black, red, white, light green and blue is/are claimed as a feature of the mark. The mark consists of a design applied to the front of the goods as packaging. The design is applied to the front of the goods and consists of a vertically oriented rectangle where the bottom half of the rectangle consists of a rectangle bisected by a green arch where the top half of the bisected rectangle is in gray color with a series of light gray squares and a light gray arch superimposed on the gray background; with the wording "REUSABLE FLY TRAP ADD WATER. SUBTRACT FLIES. appearing in black color superimposed on the light gray squares and gray background; above the "P" in "TRAP" is a stylized design of a fly in black, white and green with red eyes; the bottom half of the bisected rectangle has a light green background with evenly spaced white dots. Under the green arch and on this light green background, marked with green points are the words, all in black, FLIES FIND IT FAST LETS FLIES IN, BUT NOT OUT EASY TO REUSE, LESS WASTE. The bottom of the light green field fades away and below the fade line the evenly spaced dots fade to blue. To the left of the design is a vertically oriented blue 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 11/00/2018, and first used in commerce at least as early as 11/00/2018, 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) product label 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 11/00/2018, and first used in commerce at least as early as 11/00/2018, 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) product label 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)
      206 224 0779(fax)
      efiling@cojk.com (authorized)
The attorney docket/reference number is STIL-2-59028.

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)

206 224 0779(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. Fruehing/   Date: 04/01/2019
Signatory's Name: Everett E. Fruehling
Signatory's Position: Attorney of Record, Washington State bar member
Payment Sale Number: 88366450
Payment Accounting Date: 04/02/2019

Serial Number: 88366450
Internet Transmission Date: Mon Apr 01 17:58:05 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20190401175805729
655-88366450-62053a9dc6722a60b9abfb87b3b
23e2027d4504b79ffe8e5cb2ffd79b66acec92c-
CC-5075-20190401152851648848