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: 90030638

Filing Date: 07/01/020

To the Commissioner for Trademarks:

MARK: VIGORO (Standard Characters, see mark)
The literal element of the mark consists of VIGORO. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Home Depot Product Authority, LLC, a limited liability company legally organized under the laws of Georgia, having an address of
      2455 PACES FERRY ROAD
      Atlanta, Georgia 30339
      United States
      XXXX

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 019:  Non-metal fencing

In International Class 019, 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 10/00/2019, and first used in commerce at least as early as 10/00/2019, 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) screenshot of webpage.

Original PDF file:
SPE0-991598176-20200625151302935565_._VIGORO_CL_19.pdf
Converted PDF file(s) (4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

International Class 021:  Raised garden beds, namely, raised containers for planting contained gardens

In International Class 021, 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 11/00/2018, and first used in commerce at least as early as 11/00/2018, 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) screenshot of webpage.

Original PDF file:
SPE0-991598176-20200625151302935565_._VIGORO_CL_21.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3


Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5821272, 5176879, 5176877, and others.


The owner's/holder's proposed attorney information: Richard J. Groos. Other appointed attorneys are Sheri M. Hunter, Brandon M. Ress, Lena Colin and any other attorneys with the law firm. Richard J. Groos of King & Spalding 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
      500 West 2nd Street, 1800
      Austin, Texas 78701
      United States
      512-457-2018(phone)
      512-457-2100(fax)
      aotrademark@kslaw.com

Richard J. Groos 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:

Richard J. Groos

PRIMARY EMAIL FOR CORRESPONDENCE: aotrademark@kslaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kpfertner@kslaw.com Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Lionel Legagneur/   Date: 07/01/2020
Signatory's Name: Lionel Legagneur
Signatory's Position: Assistant General Counsel
Payment Sale Number: 90030638
Payment Accounting Date: 07/01/2020

Serial Number: 90030638
Internet Transmission Date: Wed Jul 01 12:25:42 ET 2020
TEAS Stamp: USPTO/BAS-XX.XXX.XX.XX-20200701122542309
377-90030638-7102e6bfe3441db7fd67c75c5d0
adf2fa815ec0527b813b2c35c3869042bf1421a0
-DA-25414907-20200625151302935565