Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90504391

Filing Date: 02/02/2021

To the Commissioner for Trademarks:

MARK: FULCRUM (stylized and/or with design, see mark)
The literal element of the mark consists of FULCRUM. The color(s) green is/are claimed as a feature of the mark. The mark consists of the word FULCRUM in green lettering with a leaf design. The "F" in Fulcrum is in uppercase lettering, with the remainder of the lettering in lowercase. A straight green stem with three leaves extends diagonally up and to the left from the bottom of the letter "F." A small solid green leaf projects from the end of the stem, with a larger green leaf extending up and at an angle from each side of the middle of the stem below the smaller leaf. The blades of the larger leaves are separated in the middle by a green midrib extending from the stem.
The applicant, Terrahydrochem, Inc., a corporation of Delaware, having an address of
      217 Deborah Drive
      New Braunfels, Texas 78130
      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 001:  Soil enhancement preparation
Intent to Use: 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.




For informational purposes only, applicant's website address is: terrahydrochem.com

The owner's/holder's proposed attorney information: Clarissa Marischen. Other appointed attorneys are Carmelo Gordian. Clarissa Marischen of Shearman & Sterling 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
      300 West 6th Street, Suite 2250
      Austin, Texas 78701
      United States
      512-647-1927(phone)
      tm@shearman.com
The docket/reference number is 40868/3 US-5.
Clarissa Marischen 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:

Clarissa Marischen

PRIMARY EMAIL FOR CORRESPONDENCE: tm@shearman.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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 $350 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 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: /Don Neville/   Date: 02/02/2021
Signatory's Name: Don Neville
Signatory's Position: CEO
Signatory's Phone Number: 830-632-6152
Signature method: Sent to third party for signature
Payment Sale Number: 90504391
Payment Accounting Date: 02/02/2021

Serial Number: 90504391
Internet Transmission Date: Tue Feb 02 13:06:54 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XXX-2021020213065496
3642-90504391-760ace01fb5176139e0a298df8
ac28aabcf9b4355f0c93a5fb63cb17d16a56-DA-
06546977-20210202114436539883