TEAS Plus New Application

PTO- 1478

Approved for use through 10/31/2024. 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 10/31/2024. 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

TEAS Plus Application

Serial Number: 97406906

Filing Date: 05/12/2022

To the Commissioner for Trademarks:

MARK: ECOFIT (Standard Characters, see mark)
The literal element of the mark consists of ECOFIT. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Spades, SBC, a Specific Benefit Corporation legally organized under the laws of Minnesota, having an address of
      906 1st Street East
      Hastings, Minnesota 55033
      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:

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 009:  Downloadable computer software for consisting of a tree database, and for use in testing, monitoring, and reporting on trees to determine which tree species will survive and thrive in current and future environmental condition
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. (15 U.S.C. Section 1051(b)).

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 042:  Agricultural services, namely, soil sampling and crop observing for analysis purposes; Agricultural testing for trees species to determine which tree species will survive and thrive in current and future environmental conditions; Providing on-line non-downloadable software for use in testing, monitoring and reporting on trees to determine which tree species will survive and thrive in current and future environmental conditions, which consists of a tree database; Scientific and technological services, namely, sampling of tree species to determine which tree species will survive and thrive in current and future environmental conditions in the field of forestation and horticulture; Soil sampling for analysis purposes; Wetland habitat development and preservation services, namely, monitoring, testing and analyzing ecological success in the field of environmentally sensitive habitat conservation and preservation of native plants and wildlife

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 042, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/13/2021, and first used in commerce at least as early as 01/13/2021, 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) Screenshots of Applicant's website showing the applied-for mark in connection with the applied-for services..
Specimen File1
Specimen File2

Webpage URL: http://spades.life/solutions-overview/ecofit/
Webpage Date of Access: 05/02/2022

For specific filing basis information for each item, you must view the display within the Input Table.
International Class 044:  Agricultural advice; Agricultural advice, namely, providing recommendations for plant and soil nutrition supplements; Forest habitat restoration; Landscape design; Reforestation services; Tree planting; Tree planting for carbon offsetting purposes; Afforestation services, namely, converting land to forest by planting trees or their seeds

Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark.

In International Class 044, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/13/2021, and first used in commerce at least as early as 01/13/2021, 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) Screenshots of Applicant's website showing the mark in connection with the services..
Specimen File1
Specimen File2

Webpage URL: http://spades.life/solutions-overview/ecofit/
Webpage Date of Access: 05/02/2022



The owner's/holder's proposed attorney information: Abraham Lichy. Abraham Lichy of The Lichy Law Firm, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      222 E 68th Street
      New York, New York 10065
      United States
      917-933-3895(phone)
      alichy@lichylaw.com

Abraham Lichy 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:

Abraham Lichy

PRIMARY EMAIL FOR CORRESPONDENCE: alichy@lichylaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dhalberstein@lichylaw.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 $750 has been submitted with the application, representing payment for 3 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: /Frank Williams/   Date: 05/11/2022
Signatory's Name: Frank Williams
Signatory's Position: VP Strategic Partnerships and Legal
Signatory's Phone Number: 1 626 348 4620
Signature method: Sent to third party for signature
Payment Sale Number: 97406906
Payment Accounting Date: 05/12/2022

Serial Number: 97406906
Internet Transmission Date: Thu May 12 10:32:02 ET 2022
TEAS Stamp: USPTO/FTK-XX.XX.X.XXX-202205121032027081
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dfbd9a0452f9a2487cba6ce72bf79bbff2-CC-32
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