Application

PTO- 1478

Approved for use through 04/30/2021. 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 04/30/2021. 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: 90647812

Filing Date: 04/15/2021

To the Commissioner for Trademarks:

MARK: TOPCROP (Standard Characters, see mark)
The literal element of the mark consists of TOPCROP. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ESSEX TOPCROP SALES LIMITED, a limited company (ltd.) legally organized under the laws of Canada, having an address of
      P.O. Box 10, 904 County Rd. #8
      Essex, Ontario N8M2Y1
      Canada
      XXXX
Domiciled at: Not Provided

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 031:  Wild bird food and seed; Commercial seeds; Garden seeds; Animal feed; Squirrel food; chipmunk food; deer food; rabbit food; gerbil food; hamster food; guinea pig food; mouse food; rat food; dog food; cat food; pigeon food; horse food; cattle food; hog food; fish food; Wood shavings (for use as animal bedding); Animal bedding; Treats for small animals; Treats for birds; Cat litter; Popcorn (animal feed)
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.
Based on Foreign Registration: 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 will submit a copy of Canada registration number TMA626395, and/or proof of renewal, registered 11/23/2004 with a renewal date of 11/23/2019 and an expiration date of 11/23/2029, and translation thereof, if appropriate.



The owner's/holder's proposed attorney information: David P. Johnson. Other appointed attorneys are Thomas R. Vuksinick, Jonathan W. Richards, John C. Stringham, John M. Guynn, Dana L. Tangren, Robyn L. Phillips, David R. Todd, David B. Dellenbach, Adrian J. Lee, Fraser D. Roy, Carl T. Reed, Peter F. Malen, Jens C. Jenkins, Michael J. Frodsham, J. LaVar Oldham, Matthew A. Barlow, Chad E. Nydegger, Shane K. Jensen, Matthew D. Todd, Tom M. Bonacci, Dustin Howell, W. Brad Barger, Timothy D. Nichols, Kirk C. Coombs, Justin J. Cassell, James W. McConkie, Roger J. McConkie, Charles A. Meeker, Stirling D. Fillmore, Logan B. Christenson, Gerrit C. Winkel, Brittany Frandsen, Levi S. Brown, Angela L. Silvers, Peter Shiozawa, Lynne Wang, Hannah Follender. David P. Johnson of Workman Nydegger, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      60 East South Temple, Suite 1000
      Salt Lake City, Utah 84111
      United States
      801-533-9800(phone)
      801-328-1707(fax)
      djohnson@wnlaw.com
The docket/reference number is 18237.11.
David P. Johnson 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:

David P. Johnson

PRIMARY EMAIL FOR CORRESPONDENCE: djohnson@wnlaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@wnlaw.com; nbarrigar@wnlaw.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 $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: /Craig Brummell/   Date: 04/15/2021
Signatory's Name: Craig Brummell
Signatory's Position: President and CEO
Signatory's Phone Number: 519-776-6411
Signature method: Sent to third party for signature
Payment Sale Number: 90647812
Payment Accounting Date: 04/15/2021

Serial Number: 90647812
Internet Transmission Date: Thu Apr 15 13:25:11 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20210415132511162065-90647812-77
0198b5e3433b522d299c4fe3a0d6113679701b12
7dff669da2d760d11cbeaaf-CC-25093429-2021
0414185659863869