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: 88476201

Filing Date: 06/17/2019

To the Commissioner for Trademarks:

MARK: X-Pand (stylized and/or with design, see mark)

The literal element of the mark consists of X-Pand.
The applicant is not claiming color as a feature of the mark. The mark consists of the stylized words "X PAND" with a dot separating "X" and "PAND".
The applicant, DLF Pickseed USA, Inc., a corporation of Oregon, having an address of
      PO Box 229
      Halsey, Oregon 97348
      United States
      541-686-9160(phone)
      mlivermore@eugenelaw.com (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 001:  Acrylic co-polymer in the nature of a chemical preparation used as a soil stabilizer and dust palliative for dust and erosion control and for protecting the soil from water and wind erosion; Growing media for plants, including compressed coir particles as a growth medium; Horticultural products, namely, soil amendments that are incorporated into or onto a turf, lawn or soil profile for creating a health medium for increased root growth and/or a smoother turf or lawn surface cut or appearance; Planting soil; Potting soil; Soil additives.

In International Class 001, 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 08/15/2007, and first used in commerce at least as early as 02/03/2008, 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) The specimens show the mark used on bags of garden soil and flower seed kits..
Specimen File1
Specimen File2
Specimen File3

       International Class 031:  Flower seeds, namely, wildflower seeds and wildflower seed mixtures.

In International Class 031, 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 08/15/2007, and first used in commerce at least as early as 02/03/2008, 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) The specimen shows the mark used on bags of flower seed kits..
Specimen File1
Specimen File2



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4367655.

The applicant's current Attorney Information:
      Megan Livermore and Jonathan Hood of Hutchinson Cox      PO Box 10886
      Eugene, Oregon 97440
      United States
      541-686-9160(phone)
      541-343-8693(fax)
      mlivermore@eugenelaw.com (authorized)

The applicant's current Correspondence Information:

Megan Livermore

Hutchinson Cox

PO Box 10886

Eugene, Oregon 97440

541-686-9160(phone)

541-343-8693(fax)

mlivermore@eugenelaw.com;jhood@eugenelaw.com; gcross@eugenelaw.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: /Megan I. Livermore/   Date: 06/17/2019
Signatory's Name: Megan I. Livermore
Signatory's Position: Attorney of record, Oregon bar member
Payment Sale Number: 88476201
Payment Accounting Date: 06/17/2019

Serial Number: 88476201
Internet Transmission Date: Mon Jun 17 13:31:44 EDT 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.XXX-201906171331442
02246-88476201-6203e3e4d583eab2741ead84e
717e2414a96134f395271e5088d1c196efb4d3fa
-CC-12502-20190617121427647545