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: 88370256

Filing Date: 04/03/2019

To the Commissioner for Trademarks:

MARK: JAPANESE & ORIENTAL BEETLE TRAP (stylized and/or with design, see mark)

The literal element of the mark consists of JAPANESE & ORIENTAL BEETLE TRAP.
The color(s) green, light green, black, gray, light gray, white and red is/are claimed as a feature of the mark. The mark consists of a design applied to the front and back of the goods as packaging. The design at the bottom is applied to the front of the goods and consists of a horizontally oriented rectangle in the color light green within the rectangle are two rectangles with outward facing curved edges that represent openings; above it is a white horizontally oriented rectangle that is intended to be clear; above is a horizontally 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 superimposed on the gray background; with the wording "JAPANESE & ORIENTAL BEETLE TRAP" appears in black color superimposed on the light gray squares and gray background; above the "P" in "TRAP" is a stylized design of a beetle in black and white with a red shell; the bottom half of the bisected rectangle has a light green background; top half of the larger vertically oriented rectangle consists of a cross hatch design composed of black lines and the white coloring in this design represents transparency; the dotted line is not claimed as a feature of the mark it is to illustrate where the design applied to the front of the goods is separated from the design applied to the back of the goods. The design at the top is applied to the back of the goods and consists of a cross hatch design composed of black lines and the white coloring in this design represents transparency; a horizontally oriented light green rectangle divides a white field that is intended to show transparency; in that transparent field is the number "1" in white color set within a black square and a stylized black and white design of the goods with light green dots to illustrate operation of opening trap; next to it is the number "2" in white on a black square and a stylized design of a hands holding a stylized trap design; next to it is the number "3" in white on a black square color next to a stylized design of a trap; next to it is the number "4" in white in a black square and a stylized design of the trap; all of the above is contained in a gray rectangle and intended to illustrate instructions for using trap; the remainder of the design is clear with two small horizontally oriented rectangles with outward facing curved edges that represent openings.
The applicant, Sterling International Inc., a corporation of Washington, having an address of
      3808 North Sullivan Road, Bldg. 16
      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 03/29/2019, and first used in commerce at least as early as 03/29/2019, 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) photos showing use of the mark on the goods.
Specimen File1
Specimen File2

       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 03/29/2019, and first used in commerce at least as early as 03/29/2019, 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) photos showing use of the mark on the goods.
Specimen File1
Specimen File2



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; Thomas S. (Stasiu) Nowak, Reg. No. 67,998; Jennifer R. Ashton 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-2-58900.

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. Fruehling/   Date: 04/03/2019
Signatory's Name: Everett E. Fruehling
Signatory's Position: Attorney of Record, Washington State Bar Member
Payment Sale Number: 88370256
Payment Accounting Date: 04/04/2019

Serial Number: 88370256
Internet Transmission Date: Wed Apr 03 19:28:04 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20190403192804133
990-88370256-620ca473a3b48241a909564d67a
ddc1516e4c2fb5ec2961de787a73422e16a1215-
CC-5605-20190403191203111425