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)

---

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: 88720476

Filing Date: 12/09/2019

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see below )
The mark consists of a black box tilted to the right with a curved bottom, including curved white curved lines in the bottom half of the box.
The applicant, Ag Growth International Inc., a corporation of Canada, having an address of
      198 Commerce Drive
      Winnipeg, MN R3P0Z6
      Canada

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 006:  Grain and fertilizer storage and handling equipment, namely, grain storage bins, hopper bins, hopper bottom bins, walled hopper bins, smooth wall bins and farm storage tanks, flat bottom and hopper bottom silos, grain augers, grain bin sweep augers, field loaders, portable drive-over pits, seed treaters, bucket elevators, overhead bulk storage bins, slide gates used to control the flow of material from hoppers and bins, distributors for directing grain to storage bins, bulk weight hoppers, bulk feed tanks; metal self-contained storage tanks for flammable and combustible liquids; metal petroleum storage tank to be fitted in the back of a pick-up truck for the transportation of small volumes of fuel; a modular steel containment ring; effluent tanks, namely above ground fuel and water tanks; secondary containment storage tanks for the storing and evacuation of used oil; double containment petroleum storage and dispensing tank having a system to detect leakage in the space between the inner and outer shells; self-storage steel buildings; metal roofing panels and beam mainframes; metal seals for use in agricultural storage management, namely, metal seals for preventing the leakage of fluids in agricultural storage containers; metal support brackets for monitoring cables

In International Class 006, 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 10/00/2011, and first used in commerce at least as early as 10/00/2011, 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) pictures of products with the mark thereon and a grain bin storage installation manual that is provided to the customer with the purchased product.
JPG file(s):
Specimen File1
Specimen File2
Original PDF file:
SPE0-1731429201-20191206170517901877_._Class_6_-_grain_bin_storage_installation_manual_1.pdf
Converted PDF file(s) (38 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19
Specimen File20
Specimen File21
Specimen File22
Specimen File23
Specimen File24
Specimen File25
Specimen File26
Specimen File27
Specimen File28
Specimen File29
Specimen File30
Specimen File31
Specimen File32
Specimen File33
Specimen File34
Specimen File35
Specimen File36
Specimen File37
Specimen File38

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 007:  Conveyors, namely, belt conveyors, chain conveyors, paddle conveyors, pneumatic grain conveyors, drag conveyors, salt conveyors, screw conveyors, roller conveyors, hydraulic conveyors, mechanical railed lifting conveyors; chain tools used to disassemble conveyors, fencing equipment, namely post pounders; fencing equipment accessories, namely, pilot augers and remote power electric or hydraulic swings; agricultural equipment, namely, hoppers for seed and fertilizer, fertilizer spreaders, metal wall bins for liquids or granular fertilizer, grain and seed;

In International Class 007, 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 06/00/2009, and first used in commerce at least as early as 06/00/2009, 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) photograph of the goods with the mark thereon.
Specimen File1

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 007:  feed and fertilizer blending systems, namely, paddle mixers, vertical blenders, tower blenders, rotary drums, mixers, crushers, impact mills, breakers, pulverizes and declining weight systems;

In International Class 007, 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 01/00/2017, and first used in commerce at least as early as 01/00/2017, 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) photograph of goods with the mark thereon.
Specimen File1

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 007:  pneumatic transferring of bulk materials and bag emptying stations for animal feed; pneumatic conveying systems for transferring bulk materials comprised of high pressure and vacuum receivers, airlocks, blowers, bin vents;

In International Class 007, 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 09/00/2018, and first used in commerce at least as early as 09/00/2018, 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) photograph of goods with the mark thereon.
Specimen File1

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 007:  seed treating system comprised of auto-calibration equipment and software to measure, monitor and treat seed;

In International Class 007, 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 06/00/2009, and first used in commerce at least as early as 06/00/2009, 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) photograph of goods with the mark thereon.
Specimen File1

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 007:  milling machinery, namely, polishers, graders, whiteners, separators, sorters and packaging machines for use with rice

In International Class 007, 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 04/00/2019, and first used in commerce at least as early as 04/00/2019, 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) photograph of goods with the mark thereon.
Specimen File1

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 009:  Grain bin and fertilizer monitoring device comprised of sensors, monitors, interface hardware and data recorder for monitoring storage conditions;

In International Class 009, 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 04/00/2017, and first used in commerce at least as early as 04/00/2017, 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) photographs of goods with the mark thereon.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 009:  automated coating system for applying liquids or powders to fertilizers and materials; computer software for use in controlling the application of liquids and powders to fertilizers and materials; computer software for use in hazard monitoring on industrial machines; kits containing sensors and hardware for hazard monitoring; temperature sensors, actuator controllers, bus converters, interconnect ports, monitors;

In International Class 009, 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 01/00/2017, and first used in commerce at least as early as 01/00/2017, 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) photograph of goods with the mark thereon.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 009:  hand-held device, namely, a monitor used to test the temperature in grain bins;

In International Class 009, 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 06/00/2015, and first used in commerce at least as early as 06/00/2015, 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) photographs of goods with the mark thereon.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 009:  monitoring systems ,namely, monitoring systems for agricultural storage management comprised primarily of electric sensors that measure temperature and moisture conditions in agricultural storage containers, monitoring systems for outdoor field conditions comprised of electric sensors and electric probes not for medical use that measure weather and soil conditions, and monitoring systems comprised of digital temperature and moisture sensors used to measure conditions in agricultural storage containers; electric cables for measuring and monitoring conditions inside agricultural storage containers; computer application software for mobile phones, tablets, and handheld computers, namely, software for electronic storage of data in the fields of agricultural storage management and field condition monitoring and management; electrical controls, namely, electrical controllers for grain and other food product storage management in the field of agriculture, electrical controllers for weather and soil condition monitoring and reporting, and electrical controllers for pivot irrigation monitoring and management; truck probes for used for collecting grain samples;

In International Class 009, 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 04/00/2019, and first used in commerce at least as early as 04/00/2019, 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) photographs of goods with the mark thereon.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 011:  Grain aeration equipment, namely centrifugal fans and ducting, axial fans, and grain dryers; grain bin fans, pneumatic grain vacuums, wall and roof vents, heaters for drying grain, horizontal aeration ducts, electric air dryers, industrial dryers for dehumidifying, dryers used in grain bins; storage heaters, heaters for grain bins;

In International Class 011, 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 10/00/2011, and first used in commerce at least as early as 10/00/2011, 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) photograph of goods with the mark thereon.
Specimen File1

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 011:  wastewater treatment equipment, namely, storage basins, secondary containment systems used in wastewater treatment systems, recycling systems comprised of oil and water separator tanks, sump pumps, centrifugal filter and transfer pumps, generators, skimmers and filters

In International Class 011, 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 04/00/2017, and first used in commerce at least as early as 04/00/2017, 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) photograph of goods with the mark thereon.
Specimen File1

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 012:  Round pit aeration systems for grain bins

In International Class 012, 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 04/00/2017, and first used in commerce at least as early as 04/00/2017, 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) round pit aeration system installation manual provided to the customer with the product.

Original PDF file:
SPE0-1731429201-20191206170517901877_._Class_12_-_Round_Pit_Aeration_System_Installation_Manual.pdf
Converted PDF file(s) (38 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19
Specimen File20
Specimen File21
Specimen File22
Specimen File23
Specimen File24
Specimen File25
Specimen File26
Specimen File27
Specimen File28
Specimen File29
Specimen File30
Specimen File31
Specimen File32
Specimen File33
Specimen File34
Specimen File35
Specimen File36
Specimen File37
Specimen File38

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 016:  Newsletters in the field of agricultural storage management, field condition management, field applications, seed selection decisions, and commodity marketing; Research reports featuring data, information and analysis relating to agricultural seed performance

In International Class 016, 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 04/00/2019, and first used in commerce at least as early as 04/00/2019, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 035:  Manufacturing of hazard monitoring systems for use in industrial material applications, namely, grain, feed, milling, bio-fuels and fertilizer industries;

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 01/00/2018, and first used in commerce at least as early as 01/00/2018, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 035:  retail and wholesale supply of metal and non-metal building and storage systems and components thereof, steel containment products for the storage of grains, fertilizer and petroleum products and accessories for agriculture including liquid products

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 06/00/2015, and first used in commerce at least as early as 06/00/2015, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 040:  Custom fabrication and design services for turnkey fertilizer plant material handling facilities;

In International Class 040, 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 05/00/2016, and first used in commerce at least as early as 05/00/2016, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 040:  custom and commercial fabrication of metal and non-metal building and storage systems and components thereof, steel containment products for the storage of grains, fertilizer and petroleum products and accessories for agriculture;

In International Class 040, 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 06/00/2015, and first used in commerce at least as early as 06/00/2015, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 040:  bio-blending management services, namely, blending and measuring of chemicals, fuel, fertilizers and bio-fuels; custom design and integration systems for automation systems;

In International Class 040, 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 04/00/2018, and first used in commerce at least as early as 04/00/2018, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 040:  manufacturer of rice milling and processing equipment;

In International Class 040, 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 04/00/2019, and first used in commerce at least as early as 04/00/2019, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 040:  manufacturer of portable and stationary grain handling, storage, treatment and conditioning equipment in the field of agriculture; manufacturer of portable and stationary seed handling, storage, treatment and conditioning equipment in the field of agriculture; manufacturer of portable and stationary grain, seed and other bulk materials handling, storage, treatment and conditioning equipment in the field of agriculture

In International Class 040, 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 06/00/2009, and first used in commerce at least as early as 06/00/2009, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 042:  Custom design, manufacturing and installation of grain storage systems; custom design and manufacturing of grain and fertilizer handling equipment, namely, chain and belt conveyors, bucket elevators and filters for intake pits; custom design of rotary feeders and rotary dischargers; design, manufacturing and installation of wastewater treatment systems;

In International Class 042, 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 04/00/2017, and first used in commerce at least as early as 04/00/2017, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 042:  custom design and manufacturing of blenders; research and development on blending and conveying equipment;

In International Class 042, 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 01/00/2017, and first used in commerce at least as early as 01/00/2017, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 042:  custom design of machined and fabricated airlock systems;

In International Class 042, 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 10/00/2011, and first used in commerce at least as early as 10/00/2011, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 042:  custom and commercial design of metal and non-metal building and storage systems and components thereof, steel containment products for the storage of grains, fertilizer and petroleum products and accessories for agriculture including liquid products;

In International Class 042, 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 06/01/2015, and first used in commerce at least as early as 06/01/2015, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 042:  process engineering solutions for automated food packaging lines in the food industry; business project management services; packaging and material handling services, namely, designing and implementing automated food packaging lines for pet food, rice and pasta, confectionery ready-to-eat foods, sauces and meat processing; Installation and construction services of automated food packaging lines; design and 3D planning of automated food packaging lines; consulting services in the areas of plant layouts, concept development, material and operator flow, area segregation all relating to projects in the food industry;

In International Class 042, 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 03/00/2018, and first used in commerce at least as early as 03/00/2018, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.


International Class 042:  software as a service (SaaS) services featuring software for agricultural purposes, namely, SaaS services for electronic storage of data in the fields of agricultural storage management and agricultural field condition monitoring and management, SaaS services featuring software that provides data, information and analysis relating to seed performance and commodity marketing, and SaaS services featuring computer communications software to allow computer network users to access a central online hub for web-based agriculture accounts, databases and dashboards; providing data and information regarding seed collections for agricultural purposes; providing online databases featuring information relating to yield performance of various seeds in various soils and geographies; providing online databases featuring information relating to seed performance for agricultural purposes; providing data, information and agricultural analysis in the field of seed performance for agricultural purposes; project management in the areas of process design engineering and project implementation in the food and beverage industry

In International Class 042, 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 04/00/2019, and first used in commerce at least as early as 04/00/2019, 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) website screenshots showing the mark as used in commerce.
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Priority based on foreign filing: 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 and asserts a claim of priority based on Canada application number 1969099, filed 06/11/2019.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.




Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5513350.


The applicant hereby appoints Kathleen S. Ryan. Kathleen S. Ryan of The Ollila Law Group LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      2569 Park Lane, Suite 202
      Lafayette, Colorado 80026
      United States
      303-938-9999 x110(phone)
      303-938-9995(fax)
      trademarks@olgip.com (authorized).
The attorney docket/reference number is 10700/075.
Kathleen S. Ryan submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Kathleen S. Ryan

The Ollila Law Group LLC

2569 Park Lane, Suite 202

Lafayette, Colorado 80026

303-938-9999 x110(phone)

303-938-9995(fax)

trademarks@olgip.com; kryan@olgip.com; jjung@olgip.com (authorized). Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the email address provided in this application. I understand that a valid email 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 $2475 has been submitted with the application, representing payment for 9 class(es).

Declaration

Declaration Signature
The attached signature image file:
\\TICRS\EXPORT17\IMAGEOUT17\887\204\88720476\xml1\RFA0166.JPG



Signatory's Name: Ryan Kipp
Signatory's Position: VP Legal
Payment Sale Number: 88720476
Payment Accounting Date: 12/09/2019

Serial Number: 88720476
Internet Transmission Date: Mon Dec 09 17:57:31 EST 2019
TEAS Stamp: USPTO/BAS-XXX.XX.XX.XXX-2019120917573111
2022-88720476-700b6b30bf54ee2679e327666c
5ac9a844651dc31ff54630926d16527f7da65-CC
-57296681-20191209175049898206