Application

PTO- 1478

Approved for use through 06/30/2021. 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 06/30/2021. 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: 90795814

Filing Date: 06/25/2021

To the Commissioner for Trademarks:

MARK: COMPOSTACULAR (Standard Characters, see mark)
The literal element of the mark consists of COMPOSTACULAR. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, ENVIROCYCLE SYSTEMS INC., a corporation of Canada, having an address of
      101, Rue du Moulin Suite 116
      Magog, Quebec J1X4A1
      Canada
      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 007:  Composters; Machines for growing plants, namely nurseries for plants and fungi, incubators for plants and fungi, open chambers for plants and fungi, closed chambers for plants and fungi, aeroponic open chambers for plants and fungi, aeroponic closed chambers for plants and fungi, open substrate chambers for plants and fungi, closed substrate chambers for plants and fungi; Composting waste containers
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2094166, filed 03/24/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 009:  Downloadable multimedia news podcasts; downloadable multimedia news webcasts; downloadable multimedia news weblogs; downloadable television shows; downloadable digital video recordings; Machines for growing plants, namely nurseries for plants and fungi, incubators for plants and fungi, open chambers for plants and fungi, closed chambers for plants and fungi, aeroponic open chambers for plants and fungi, aeroponic closed chambers for plants and fungi, open substrate chambers for plants and fungi, closed substrate chambers for plants and fungi
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2094166, filed 03/24/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 020:  Compost bins; plastic recycling bins for commercial use; packaging containers of plastic; Composting waste containers
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2094166, filed 03/24/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 021:  Pots for plants; watering cans; garbage containers; plastic recycling bins for household use; food storage containers; beverage containers; drinking bottles for sports; plastic bottles; water bottles; water bottles sold empty
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2094166, filed 03/24/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 038:  Podcasting of news shows; providing access to a web, mail and news portal; providing streaming audio and video such as music, movies, television shows, music videos, news and composting, horticulture, gardening, recycling and cooking webcasts via a website; streaming of audio and video via the Internet featuring music, movies, news, and composting, horticulture, gardening, recycling and cooking; television program broadcasting; video broadcasting
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2094166, filed 03/24/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 040:  Composting services; recycling of waste; glass recycling ; paper recycling; plastic recycling; water recycling; recycling sorting services
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2094166, filed 03/24/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 041:  (Based on Intent to Use) (Based on 44(d)) Cooking instruction; composting instruction, horticulture instruction, gardening instruction, recycling instruction; providing entertainment news and information via a website in the fields of composting, horticulture, gardening, recycling and cooking; providing on-line news in the fields of composting, horticulture, gardening, recycling and cooking; providing composting, horticulture, gardening, recycling and cooking news and information via a global computer network; production of television programs; distribution of television shows; production of video productions; distribution of productions; educational demonstrations in the field of composting, horticulture, gardening, recycling and cooking; educational demonstrations in the field of composting products, horticulture products, gardening products, recycling products and cooking products; (Based on Intent to Use) Distribution of video productions
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2094166, filed 03/24/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 043:  Advisory and consultancy services in relation to cooking and cooking products; providing information in the field of cooking via an Internet website portal; Cooking instruction
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2094166, filed 03/24/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 044:  Gardening; advisory and consultancy services in relation to composting, horticulture, gardening and recycling; advisory and consultancy services in relation to composting products, horticulture products, gardening products, recycling products and cooking products; providing information in the field of composting, horticulture, gardening and recycling via an Internet website portal
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2094166, filed 03/24/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


International Class 045:  Licensing of television programmes; licensing of video productions
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.

Priority based on foreign filing: 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 asserts a claim of priority based on Canada application number 2094166, filed 03/24/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.




The owner's/holder's proposed attorney information: Lori J. Shyavitz, Esq.. Lori J. Shyavitz, Esq. of McCarter & English, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      265 Franklin Street
      Boston, Massachusetts 02110-3113
      United States
      617-449-6500 x6561(phone)
      617-607-9200(fax)
      lshyavitz@mccarter.com
The docket/reference number is 122530-00087.
Lori J. Shyavitz, Esq. 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:

Lori J. Shyavitz, Esq.

PRIMARY EMAIL FOR CORRESPONDENCE: lshyavitz@mccarter.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dlynch@mccarter.com; bostontrademarks@mccarter.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 $3500 has been submitted with the application, representing payment for 10 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: /Lori J. Shyavitz/   Date: 06/25/2021
Signatory's Name: Lori J. Shyavitz, Esq.
Signatory's Position: Attorney of Record, Massachusetts Bar Member
Signatory's Phone Number: 617-449-6500 x6561
Signature method: Sent to third party for signature
Payment Sale Number: 90795814
Payment Accounting Date: 06/25/2021

Serial Number: 90795814
Internet Transmission Date: Fri Jun 25 16:00:31 ET 2021
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202106251600311435
84-90795814-7801e1072787c2e4030a5c4ab22d
d22fcb1c73a4b26fe39b77afdc2fb77a3406f4d-
DA-00303069-20210625154408129773