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: 90049399

Filing Date: 07/13/2020

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The applicant is not claiming color as a feature of the mark. The mark consists of the container for the goods.
The applicant, Lebanon Seaboard Corporation, a corporation of Pennsylvania, having an address of
      1600 E. Cumberland Street
      Lebanon, Pennsylvania 17042
      United States
      800-233-0628(phone)
      (317) 637-7561(fax)
      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 001:  fertilizers; organic fertilizers

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 01/08/2018, and first used in commerce at least as early as 01/08/2018, 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) container for the goods.
Specimen File1

International Class 005:  herbicides, namely organic herbicides and non-organic herbicides

In International Class 005, 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 01/08/2018, and first used in commerce at least as early as 01/08/2018, 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) container for the goods.
Specimen File1



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4077326.

Miscellaneous Statement
Applicant's recently expired U.S. Design Patent No. D516,918 provides further evidence of Applicant's exclusive use of the mark in commerce, which has been continuous since the date of first use in commerce.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 4077326.

SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


The owner's/holder's proposed attorney information: Lisa A. Hiday. Other appointed attorneys are John C. McNett, Thomas Q. Henry, Charles R. Reeves, Vincent O. Wagner, Steve Zlatos, Spiro Bereveskos, Daniel J. Lueders, Kenneth A. Gandy, Timothy N. Thomas, Charles J. Meyer, Christopher A. Brown, Charles P. Schmal, Quentin C. Cantrell, William A. McKenna, James R. Blaufuss, Michael Morris, Jeremy Gustrowsky, Matthew Gardlik, Joshua Astin, Blake Hartz, Andrew Nevill. Lisa A. Hiday of Woodard, Emhardt, Henry, Reeves & Wagner, 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 3700
      111 Monument Circle
      Indianapolis, Indiana 46204-5137
      United States
      317-634-3456(phone)
      317-637-7561(fax)
      docketdept@uspatent.com
The docket/reference number is 05018-000772.
Lisa A. Hiday 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:

Lisa A. Hiday

PRIMARY EMAIL FOR CORRESPONDENCE: docketdept@uspatent.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): judy@uspatent.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: /Katherine J. Bishop/   Date: 07/13/2020
Signatory's Name: Katherine J. Bishop
Signatory's Position: President
Payment Sale Number: 90049399
Payment Accounting Date: 07/13/2020

Serial Number: 90049399
Internet Transmission Date: Mon Jul 13 12:31:20 ET 2020
TEAS Stamp: USPTO/BAS-XXX.XX.XXX.X-20200713123120340
192-90049399-740901d841a2ebc4503989366dd
7f4efb7a013ebf798a2b3b6423dfe671db6db4b-
CC-31185977-20200713114827378741