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: 88390294

Filing Date: 04/17/2019

To the Commissioner for Trademarks:

MARK: Hawthorne Gardening Co (stylized and/or with design, see mark)

The literal element of the mark consists of Hawthorne Gardening Co.
The applicant is not claiming color as a feature of the mark. The mark consists of the words "Hawthorne Gardening" between two horizontal lines. Above the top line is a depiction of a three leaf plant, and below the bottom line is the term "Co".
The applicant, HGCI, Inc., a corporation of Nevada, having an address of
      3993 Howard Hughes Parkway, Suite 250
      Las Vegas, Nevada 89169
      United States
      937-578-1561(phone)
      9376447568(fax)
      XXXX (not authorized)

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 035:  Distributorship services in the field of wholesale horticulture supplies and accessories; distributorship services featuring fertilizers; plant food; plant growth nutrients; plant growth nutrients containing plant flavor enhancers; plant nutrients for hydroponic and soil-cultivated plants; plant growth regulating preparations; plant growth nutrients for hydrogardens and indoor container gardens; soil and water conditioners for agricultural, horticultural and domestic use; organic plant nutrients and supplements, namely, soil amendments; chemicals for use in gardening, namely, chemicals to raise pH levels, chemicals to lower pH levels, pH indicator solutions; growing media for plants; soils, namely, potting soil and planting soil; hydroponic growing media for plants; expanded-clay soils for hydroponic plant growing; seed and plant growing media plugs for use with growing kits including growing trays and domes; hydroponic water pumps; electric, electromechanical, and electronic controls for use in horticulture and indoor gardening to operate watering systems, control temperatures, control lighting, control humidity, and control CO2 levels; electric timers; thermostats; electric ballasts for lamps and lights for horticulture growing purposes; hydrometers; hygrometers; thermometers not for medical use; eyewear for use in gardening environments; magnifier loupes; microscopes; measuring cups; measuring spoons; measuring glassware; beakers; weighing scales; vacuum ovens and drying ovens for scientific and laboratory use and replacement parts therefor; rotary evaporators for scientific and laboratory use and replacement parts therefor; downloadable educational software and course materials in the field of horticulture; electronic dose measuring instruments for use in gardening that monitor and adjust pH levels, nutrient levels, supplement levels; voltage surge suppressors; electrical power strips and cords; electronic timers and electrical controllers for controlling electric powered appliances; meters and probes for use in gardening, namely, to track pH, temperature, moisture, and electro-conductivity; electric lamps, lighting fixtures and lighting reflectors and component parts thereof for horticultural and aquarium applications; electric lamps, namely, fluorescent lamps, high pressure sodium lamps, metal halide lamps, and combination high pressure sodium and metal halide lamps; electric lighting fixtures, namely, LED (light emitting diode) light fixtures; Lamp bulbs; Air handling systems for cleaning and purifying air; Dehumidifiers; humidifiers; air conditioners; heat pumps; electric space heaters; packaged HVAC systems, namely, rooftop mountable single-enclosure heating, ventilation, and air conditioning units and on-ground free standing single-enclosure heating, ventilation, and air conditioning units; split HVAC systems, namely, heating, ventilation, and air conditioning systems comprised primarily of an inside evaporator unit and an outside condenser unit; commercial HVAC systems, namely, heating, ventilation, and air conditioning systems of heavy duty construction and larger volume capacity for commercial building use comprised primarily of an inside evaporator unit and an outside evaporator unit; Parts for heating and air-conditioning systems, namely, fabric air dispersion ducts for distributing and dispensing air as part of a HVAC system, dampers, filters and active carbon filters, and electrical heating tape; electric fans, namely, air moving apparatus for use in the horticulture industry; air blowers, namely, electric fans, ventilating exhaust fans, and ventilating fans for commercial and industrial use; Electric inline duct boosters for increasing airflow through ductwork; Ducted air handling components in the nature of mixed flow inline and centrifugal inline fans; air filters for HVAC units; silencers for ducts attached to HVAC units; water treatment equipment, namely, water filtration units, reverse osmosis units, and ultraviolet sterilization units for horticulture and hydroponics; Booster pumps sold in combination for use in reverse osmosis water filtration systems for increasing water pressure; electric water heaters and chillers designed to raise or lower water temperature used in hydroponics and aquariums; air diffusers for horticultural, hydroponic, and aquarium use; Electric vaporizers for household purposes; Power-operated vaporizers for industrial or commercial purposes; flashlights; portable lighting products, namely, headlamps; electric heating systems, namely, electric mats and thermostats for growing plants; plant growing kits comprised primarily of electric heating systems, namely, electric mats and thermostats for growing plants, grow trays for plants, and domes for plants; irrigation accessories, namely, spray nozzles, sprinkler heads, drip emitters; irrigation system comprised of reservoir, valves, timer, pump, drip lines and stakes, sprayers, tubing, nozzles, plant growing pots and buckets, growing medium and nutrients; hydroponic systems for growing plants, comprising nutrient reservoir, plant growing cups, nutrient flow chamber and motorized nutrient pump, all sold as a unit; hydroponic grow box in the nature of a closed environment comprised of electric air pump, tubing and plastic trays, all sold as a unit; heat mats and thermostats, sold as a unit, for growing plants; plant growing kits comprised primarily of heat mats, thermostats, grow trays and domes; drying racks for plants; containers for growing plants; pots; pot lids; flower pots; mesh bottom pots for growing plants; net pots for growing plants; fabric pots for growing plants; watering pots; plastic lids for plant pots; saucers for plant pots; lids for plant growing net pots; compost containers for brewing compost tea; plastic flower and plant cultivation trays for household, commercial and horticultural use; planter accessory in the nature of a fitted cover made from natural fibers for use as a light blocking plant growing media cover; cultivation trays and domes for growing plants; growing kits comprised primarily of plant cultivation trays and domes; hydroponic bucket systems consisting primarily of buckets and bucket inserts, and also including air pumps or water pumps; hydroponic system for growing plants comprised of growing containers, pots, drain components, pumps, pipes, drip rings, hoses, and seals; plant growing trays with reservoirs for horticultural and hydroponic use; plastic hydroponics units and parts and accessories related to such units, namely, terrariums for plants, plastic trays, growing trays, plastic tubing, drains, reservoirs, plant supports, and porthole covers for cultivation of plants in nutrient solution rather than in soil; horticultural elevation platform for use in growing plants; all-purpose portable plastic containers for household and domestic use; beverage containers, namely, water bottles sold empty, cups, and heat insulated vessels; flasks; heat-insulated containers for beverages; vacuum insulated beverage containers for drinking; vacuum beverage containers, namely, insulated vacuum flasks; insulated containers for food or beverages for domestic use; mesh screens for straining and sifting in the nature of sieves for household purposes; disposable latex and nitrile gloves for general use; pitchers; flower syringes; garden syringes; greenhouse syringes; plant syringes; website providing information regarding hydroponic growing

In International Class 035, 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 08/06/2018, and first used in commerce at least as early as 08/06/2018, 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) pages from Applicant's website displaying the mark in use with the services.

Original PDF file:
SPE0-98102154226-20190417110214001168_._HGI-1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-98102154226-20190417110214001168_._HGC_2.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-98102154226-20190417110214001168_._HGC_3.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-98102154226-20190417110214001168_._HGC_4.pdf
Converted PDF file(s) (1 page)
Specimen File1



The applicant's current Attorney Information:
      Robert Morgan of HGCI, Inc.      3993 Howard Hughes Parkway, Suite 250
      Las Vegas, Nevada 89169
      United States
      937-578-1561(phone)
      9376447568(fax)
      trademarks@scotts.com (authorized)
The attorney docket/reference number is 88HGC35.

The applicant's current Correspondence Information:

Robert Morgan

HGCI, Inc.

3993 Howard Hughes Parkway, Suite 250

Las Vegas, Nevada 89169

937-578-1561(phone)

9376447568(fax)

trademarks@scotts.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: /Mindy Walser/   Date: 04/17/2019
Signatory's Name: Mindy Walser
Signatory's Position: Treasurer
Payment Sale Number: 88390294
Payment Accounting Date: 04/18/2019

Serial Number: 88390294
Internet Transmission Date: Wed Apr 17 16:36:49 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201904171636496
64858-88390294-62048b9eb3ce7276141d1f65a
d7b58dcb2122ced564c4fa94734da162101e7e26
-DA-3568-20190417110214001168