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: 88769149

Filing Date: 01/22/2020

To the Commissioner for Trademarks:

MARK: CLOUD 9 (Standard Characters, see mark)
The literal element of the mark consists of CLOUD 9. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, The Good Earth Organics, Inc, a corporation of Delaware, having an address of
      30088 Redwood Highway
      Cave Junction, Oregon 97523
      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 001:  Ammonium chloride fertilizer; Ammonium nitrate fertilizer; Ammonium sulphate fertilizer; Artificial plant-cultivation soil; Artificial plant-cultivation soil made of mineral materials; Artificial plant-cultivation soil made of plastic materials; Blood powder; Bone meal; Brewers' grain; Calcined potassium fertilizer; Calcium silicate fertilizer; Calcium superphosphate fertilizer; Charcoal for use as a soil conditioner; Charcoal for use as a soil conditioner for agricultural use; Chemical fertilizers; Chemical preparations for use in soil remediation, drinking water treatment, municipal and industrial wastewater treatment; Chemical soil conditioners; Chemically converted compound fertilizers; Complex fertilizer; Complex fertilizers; Compost; Double or triple superphosphate fertilizer; Fertilizer for soil and potting soil; Fertilizers for soil and potting soil; Fertilizers; Fertilizers and manures; Fertilizers for agricultural use; Fertilizers for domestic use; Fertilizing preparations; Gypsum for use as a fertilizer; Horticultural potting mixtures; 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; Humic acid sold as an ingredient of fertilizer and soil conditioning preparations; Leaf mold; Manganese fertilizer; Marine fertilizer; Mixed fertilizers; Natural fertilizers; Non-chemical bio-fertilizers; Nutritive additive to enhance the biological activity of water, soil, seeds and plants for purposes of fertilization and bioremediation of pollutants; Organic fertilizers; Organic soil enhancement powders and preparations; Peat; Peat pots for horticultural use; Planting soil; Potassium chloride fertilizer; Potassium sulphate fertilizer; Potting soil; Rice bran; Sodium nitrate fertilizer; Soil additives; Soil amendments; Soil conditioners for agricultural use; Soil conditioning chemicals; Soil conditioning preparations; Soil improving agents; Soil improving preparations; Soil stabilizers for use in road construction; Thomas phosphatic fertilizer; Urea fertilize

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 03/00/2016, and first used in commerce at least as early as 03/00/2016, 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) photo of product packaging.
Specimen File1



The applicant hereby appoints Stewart B. Myers. Other appointed attorneys are Jacob E. Vilhauer, Donald B. Haslett, J. Peter Staples, Kevin L. Russell, Kurt Rohlfs, Susan D. Pitchford Peter D. Sabido, and Chia Ju Hung. Stewart B. Myers of Chernoff Vilhauer LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      Suite 725
      111 SW Columbia Street
      PORTLAND, Oregon 97201
      United States
      503-227-5631(phone)
      503-228-4373(fax)
      sbm.docket@chernofflaw.com (authorized).
The attorney docket/reference number is 10005.0005.
Stewart B. Myers 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:

Stewart B. Myers

Chernoff Vilhauer LLP

Suite 725       111 SW Columbia Street

PORTLAND, Oregon 97201

503-227-5631(phone)

503-228-4373(fax)

sbm.docket@chernofflaw.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 $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: /Chia Ju Hung/   Date: 01/22/2020
Signatory's Name: Chia Ju Hung
Signatory's Position: Associate Attorney, Chernoff Vilhauer LLP, California bar member
Payment Sale Number: 88769149
Payment Accounting Date: 01/22/2020

Serial Number: 88769149
Internet Transmission Date: Wed Jan 22 14:38:34 EST 2020
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2020012214383466
8853-88769149-700eb9d27fa9177a3d24a79607
d9745e5632bd6f5677851682b3a736c263f65-CC
-38335287-20200121163343994706