Application

PTO- 1478

Approved for use through 08/31/2021. 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 08/31/2021. 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: 90891409

Filing Date: 08/19/2021

To the Commissioner for Trademarks:

MARK: PLATTE PEAK CROP PERFORMANCE (Standard Characters, see mark)
The literal element of the mark consists of PLATTE PEAK CROP PERFORMANCE. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Frenchman Valley Farmers Cooperative, Inc., a corporation of Nebraska, having an address of
      202 Broadway
      Imperial, Nebraska 69033
      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:  plant growth regulators for agricultural use; substances for regulating plant growth; plant growth nutrients for agricultural use; plant treatment that provides growth enhancement and increased yields for agricultural use; seed treatments being a type of chemical for use in agriculture, except fungicides, herbicides, insecticides and pesticides; seed treatment chemicals for agricultural use; seed coatings applied to crop seeds to improve stands, seedling health, and yield; seed coatings for seeds for agricultural purposes; adjuvants for use with agricultural chemicals, pesticides, and plant nutrition preparations, namely, chemical deposition and drift control agents for use in the agricultural industry; agricultural crop oils for use as additives or adjuvants to pesticides, herbicides, fungicides, and fertilizers; crop oils for use as an adjuvant for use in the application of agricultural chemicals and plant nutrients; modified vegetable oils for use as an adjuvant for use in the application of agricultural chemicals and plant nutrients; chemical spray adjuvants for use in spray tank solutions containing pesticides, herbicides, fungicides, or fertilizers for use in agriculture; non-ionic surfactants for use in connection with agricultural chemicals; water conditioners for use with agricultural chemicals; high surfactant modified seed oils for use as adjuvants for use in the application of agricultural chemicals and plant nutrients; fertilizers; starter fertilizers; foliar fertilizers; plant growth nutrients for agricultural use; plant growth micronutrients for agricultural use; chemical fertilizers; micronutrients for use as fertilizers; plant nutrients; foliar-applied plant nutrient solutions for agricultural use; agricultural chemicals, namely, chemicals for promoting rapid degradation of crop residue; agricultural chemicals for accelerating decomposition of field stubble, crop residue, and organic matter; agricultural chemicals for releasing nutrients from organic matter; agricultural biologicals derived from bacteria for use in agriculture to improve plant and soil quality; microbial formulations for use in agriculture to improve plant and soil quality; microbial formulations for stimulation of growth in plants; biological products for agricultural use, namely, biological biostimulants; biological biostimulants for use as soil additives; agricultural fertilizers comprising biological biostimulants for direct application to soil; biological plant growth promoters; biological stimulants for use in agriculture for reducing crop stress and increasing crop yields
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.

International Class 005:  pesticides for agricultural use; herbicides for agricultural use; insecticides for agricultural use; fungicides for agricultural use; seed treatments, namely, fungicides, herbicides, insecticides, and pesticides, for agricultural use
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.


Disclaimer
No claim is made to the exclusive right to use CROP PERFORMANCE apart from the mark as shown.


The owner's/holder's proposed attorney information: Beverly A. Marsh. Other appointed attorneys are Kenny W. Pung. Beverly A. Marsh of Standley Law Group 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
      6300 Riverside Drive
      Dublin, Ohio 43017
      United States
      614-792-5555(phone)
      614-792-5536(fax)
      trademarks@standleyllp.com
The docket/reference number is FRE3516-014.
Beverly A. Marsh 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:

Beverly A. Marsh

PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@standleyllp.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bmarsh@standleyllp.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 $700 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: /Benjamen J Sauder/   Date: 08/19/2021
Signatory's Name: Benjamen J. Sauder
Signatory's Position: Vice President of Agronomy
Signatory's Phone Number: 000-000-0000
Signature method: Sent to third party for signature
Payment Sale Number: 90891409
Payment Accounting Date: 08/19/2021

Serial Number: 90891409
Internet Transmission Date: Thu Aug 19 13:07:17 ET 2021
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-202108191307179
91075-90891409-781d07bbf99b7089cae9421b1
dc653dc7933d8a423a9c20c45d9c8137face8ad-
DA-07171173-20210819090337349449