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: 88512371

Filing Date: 07/12/2019

To the Commissioner for Trademarks:

MARK: BIOTHERM (Standard Characters, see mark)
The literal element of the mark consists of BIOTHERM.
The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, BioTherm Hydronic, Inc., a corporation of California, having an address of
      476 Primero Court
      Cotati, California 94931
      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 _______: Heating systems comprised of boilers, heat exchangers, pumps, distribution piping, and components thereof, namely, thermal transfer tubing array, tubing and distribution headers therefor; heating systems for horticultural use; environmental control equipment for greenhouses; environmental control equipment for horticultural use; irrigation systems, conduit and fittings for horticultural use; apparatus for treatment of irrigation water; apparatus for heating irrigation water; apparatus for cooling irrigation water; oxygen generators; apparatus for sensing and controlling dissolved oxygen for horticultural use; apparatus for infusing gas into liquid; gas infusers for treatment of irrigation water; apparatus for infusing oxygen into water used for irrigating crops and plants; dehumidification systems for horticultural use; air conditioning systems for horticultural use; carbon dioxide enhancement systems for horticultural use; services for the horticultural industry, namely, design of heating systems, cooling systems, irrigation systems, air conditioning systems, and nutrient management systems

In International Class _______, 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 12/01/1982, and first used in commerce at least as early as 12/01/1982, 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) shipping label for the goods, label for the goods and screen capture of website where the services are promoted.
Specimen File1
Specimen File2
Specimen File3


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 3656788.

The applicant's current Attorney Information:
      Derek J. Westberg, Esq of Westberg Law Offices      569 Clyde Ave Ste 530
      Mountain View, California 94043
      United States
      650-968-2041(phone)
      6509684383(fax)
      derek@westberglaw.com (authorized)
The attorney docket/reference number is BIO-01000.

The applicant's current Correspondence Information:

Derek J. Westberg, Esq

Westberg Law Offices

569 Clyde Ave Ste 530

Mountain View, California 94043

650-968-2041(phone)

6509684383(fax)

derek@westberglaw.com;derekwestberg@yahoo.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: /Derek J. Westberg/   Date: 07/12/2019
Signatory's Name: Derek J. Westberg, Esq.
Signatory's Position: Attorney of record, California bar member
Payment Sale Number: 88512371
Payment Accounting Date: 07/15/2019

Serial Number: 88512371
Internet Transmission Date: Fri Jul 12 17:43:30 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XXX-2019071217433012
1599-88512371-6204bf4759dad460728e92e632
d1c4e4ceeec59b37b1b5d141926a39d73369d5a-
CC-4226-20190712171631323243