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

---

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

Serial Number: 97428834

Filing Date: 05/25/2022

To the Commissioner for Trademarks:

MARK: EARTHSMART (stylized and/or with design, see mark)
The literal element of the mark consists of EARTHSMART. The mark consists of "EARTHSMART" in stylized font and a figurative depiction of two stylized leaves whose stem is circling around a design of the planet earth above the wording "EARTHSMART".
The applicant, Earth Smart Solutions Inc., a Alberta corporation legally organized under the laws of Canada, having an address of
      415, 10325 Bonaventure Drive SE
      Calgary
      Alberta T2J7E4
      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 001:  Fertilizers for turf care use; lawn fertilizers; soil conditioners; soil conditioning preparations; soil improving agents; organic soil additives; gypsum for use as a fertilizer; humic acid sold as an ingredient of fertilizer and soil conditioning preparations; preparations for protecting plants against pathogens; biostimulants for plants; seed treatment chemicals for agricultural use; microbial inoculants for application to seeds used in agriculture; Chemical preparations for use in agriculture, horticulture, and forestry, namely chemical preparations for the treatment of seeds; Nutritive additive to enhance the biological activity of water, soil, seeds and plants for purposes of fertilization and bioremediation of pollutants; chemical additives for compost; plant nutrient preparations; diatomaceous earth preparations; biodegradable waste digestant for use in horticulture, agriculture, forestry; Microbial growth stimulants for bioremediation of pollutants; bacterial preparations for bioremediation of pollutants; bacteria for waste water treatment; Chemical water conditioners for ponds and lakes; organic water conditioners for ponds and lakes; chemical preparations for the treatment of water; bacterial preparations for the treatment of water; dyes for ponds, lakes; water conditioners for sump pumps, holding tanks, septic tanks; flocculants; Chemical preparations in the nature of actuators and enhancers of the natural organic decomposition of fat, oils, and greases

In International Class 001, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/15/2014, and first used in commerce at least as early as 01/15/2014, 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) an electronic point of sale display that shows the mark at the top of the page, the picture of the goods and ordering information for the goods.

Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec2_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec3_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec4_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec5_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec6_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec7_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec8_Class_1.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec9_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec10_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec11_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec12_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec13_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec14_Class_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec15_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec16_Class_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec17_Class_1.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Webpage URL: None Provided
Webpage Date of Access: None Provided

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 2150210, filed 11/26/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 003:  All-purpose cleaning preparations; Preparations for cleaning, protecting and preserving vehicle surfaces; preparations for neutralizing odors left by pets; odor removers for pets; odor neutralizing preparations for general use on various surfaces; non-medicated soap for use on pets; pet grooming preparations; Biotechnological cleaning solution for eliminating odors, breaking down organics, and removing stains; Non-medicated grooming preparations for livestock; degreasers for cleaning purposes; Biotechnological chemical and spray cleaners for industrial and household applications such as stain removal, odor elimination, and bioremediation of many types of organic and hydrocarbon-based materials

In International Class 003, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/15/2014, and first used in commerce at least as early as 01/15/2014, 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) an electronic point of sale display that shows the mark at the top of the page, the picture of the goods and ordering information for the goods.

Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec2_Class_3.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec3_Class_3.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec4_Class_3.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec5_Class_3.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

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 2150210, filed 11/26/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.


International Class 005:  Weed control products; herbicides; anti-infective preparations for veterinary purposes; veterinary preparations for treatment of ringworm in pets and livestock; veterinary preparations for treatment of dermatological conditions in pets and livestock; preparations for cleansing the skin for medical purposes; medical preparations for treatment of ringworm

In International Class 005, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 01/15/2014, and first used in commerce at least as early as 01/15/2014, 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) an electronic point of sale display that shows the mark at the top of the page, the picture of the goods and ordering information for the goods.

Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec2_Class_5.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec3_Class_5.pdf
Converted PDF file(s) (2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPE0-5023923450-202205251 75237013606_._EARTHSMART_ Logo_spec4_Class_5.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: None Provided
Webpage Date of Access: None Provided

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 2150210, filed 11/26/2021.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.





The owner's/holder's proposed attorney information: Pamela N. Hirschman. Other appointed attorneys are Sabrina C. Stavish, Miriam D. Trudell, Sarah J. Schneider, Jeanette E. Sinclare, Autumn R. Hartman, Susan K. Miller, Julie S. Shursky, and all other attorneys of Sheridan Ross P.C.. Pamela N. Hirschman of Sheridan Ross P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
      1560 Broadway, Suite 1200
      Denver, Colorado 80202
      United States
      303-863-9700(phone)
      303-863-0223(fax)
      phirschman@sheridanross.com
The docket/reference number is 2483ESS-1.
Pamela N. Hirschman 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 hereby appoints Pamela N. Hirschman of Sheridan Ross P.C.
      1560 Broadway, Suite 1200
      Denver Colorado 80202
      United States
      303-863-9700(phone)
      303-863-0223(fax)
      phirschman@sheridanross.com
as applicant's representative upon whom notice or process in the proceedings affecting the mark may be served.

The applicant's current Correspondence Information:

Pamela N. Hirschman

PRIMARY EMAIL FOR CORRESPONDENCE: phirschman@sheridanross.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jshursky@sheridanross.com; docketing@sheridanross.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 $1050 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: /Pamela N. Hirschman/   Date: 05/25/2022
Signatory's Name: Pamela N. Hirschman
Signatory's Position: Attorney of Record, Colorado Bar Member
Signatory's Phone Number: 303-863-9700
Signature method: Signed directly within the form
Payment Sale Number: 97428834
Payment Accounting Date: 05/25/2022

Serial Number: 97428834
Internet Transmission Date: Wed May 25 20:14:11 ET 2022
TEAS Stamp: USPTO/BAS-XX.X.XXX.XX-202205252014113261
02-97428834-8206acfd52999641ee72bd2df1d5
191ee64bccb17dc8c2ca4f90458abbf7b5c7-DA-
14103169-20220525200802220389