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: 88419511

Filing Date: 05/07/2019

To the Commissioner for Trademarks:

MARK: MAXXPRO (stylized and/or with design, see mark)

The literal element of the mark consists of MAXXPRO.
The applicant is not claiming color as a feature of the mark. The mark consists of a stylized wording of MAXXPRO.
The applicant, Eller Enterprises, Inc., a corporation of Iowa, having an address of
      104 Campus Drive, Ste 202
      Huxley, Iowa 50124
      United States
      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 005:  Dietary supplements for human consumption; dietary supplements for human consumption in the form of capsules, drops, oils, gummies, and powders; nutritional supplements for human consumption; nutritional supplements for human consumption in the form of capsules, drops, oils, gummies, and powders; topical medicated moisturizing creams, gels, salves, sprays, powders, oils and ointments; topical anti-inflammatory creams, gels, salves, sprays, powders, oils and ointments; dietary supplements for pet consumption; dietary supplements for pet consumption in the form of capsules, drops, oils, gummies, and powders; nutritional supplements for pet consumption; nutritional supplements for pet consumption in the form of capsules, drops, oils, gummies, and powders; none of the foregoing containing cannabinoids, including CBD or THC, that are unlawful under the Controlled Substances Act.
Intent to Use: 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.



The applicant's current Attorney Information:
      Christopher A. Proskey of BrownWinick Law Firm      666 Grand Avenue, Suite 2000
      Des Moines, Iowa 50309
      United States
      515-242-2400(phone)
      515-242-2488(fax)
      ip@brownwinick.com (authorized)
The attorney docket/reference number is MAXXPRO DES.

The applicant's current Correspondence Information:

Christopher A. Proskey

BrownWinick Law Firm

666 Grand Avenue, Suite 2000

Des Moines, Iowa 50309

515-242-2400(phone)

515-242-2488(fax)

ip@brownwinick.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: /CHRISTOPHER A. PROSKEY/   Date: 05/07/2019
Signatory's Name: Christopher A. Proskey
Signatory's Position: Attorney of Record, Iowa Bar Member
Payment Sale Number: 88419511
Payment Accounting Date: 05/08/2019

Serial Number: 88419511
Internet Transmission Date: Tue May 07 17:22:36 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20190507172236101
990-88419511-6208fa8d3292d7a2c55deff6967
28d22888917b7217e9e702493d331a633e93b68-
DA-4759-20190507171215894518