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: 97485736

Filing Date: 07/01/2022

To the Commissioner for Trademarks:

MARK: VARIMAX (stylized and/or with design, see mark)
The literal element of the mark consists of VARIMAX. The applicant is not claiming color as a feature of the mark. The mark consists of the words VARIMAX.
The applicant, VariMax, LLC, a limited liability company legally organized under the laws of Kansas, having an address of
      1577 4th Road
      Palmer, Kansas 66962
      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 042:  Computer software, information technology and application service provider services, namely, providing temporary use of online non-downloadable software applications for use in the fields of agriculture; Software as a service (SAAS) services; Software as a service (SAAS) services featuring software for tracking and managing growing conditions of agricultural operations; Software as a service (SAAS) services in the agriculture industry; Software as a service (SAAS) services featuring software for management of growing conditions of agricultural operations; Software as a service (SAAS) services featuring software for managing nutrients, and moisture in agricultural fields; Software as a service (SAAS) services featuring software for managing farms and farming operations; Platform as a services (PAAS) services; Platform as a services (PAAS) services featuring software for tracking and managing growing conditions of agricultural operations; Platform as a services (PAAS) services in the agriculture industry; Platform as a services (PAAS) services featuring software for management of growing conditions of agricultural operations; Platform as a services (PAAS) services featuring software for managing nutrients, and moisture in agricultural fields; Platform as a services (PAAS) services featuring software for managing farms and farming operations; Consulting services in the field of agriculture; Consulting services provided to agricultural producers; Consulting services provided to growers of agricultural products; Consulting services in the field of agricultural advice, namely, providing recommendations for agricultural inputs based on soil conditions, testing results, local knowledge and experience; Consulting services in the field of agricultural advice, namely, development of plans and strategies in view of growing conditions; Agricultural consulting services; Providing recommendations regarding precision agricultural practices and techniques based on soil conditions, testing results, local knowledge and experience; Providing recommendations regarding the use of new products and practices in agriculture based on soil conditions, testing results, local knowledge and experience; Providing recommendations regarding the combination of products and practices in agriculture based on soil conditions, testing results, local knowledge and experience; Consulting services in the field of agricultural, namely, providing educational materials and training; Educational services, namely, training events and services for agricultural producers; Providing information in the field of agriculture; Providing information in the field of agriculture through a website.

In International Class 042, 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 12/31/2017, and first used in commerce at least as early as 12/31/2017, 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 from website showing use of the mark along with Computer software, information technology and application service provider services, namely, providing temporary use of online non-downloadable software applications for use in the fields of agriculture; Software as a service (SAAS) services; Software as a service (SAAS) services featuring software for tracking and managing growing conditions of agricultural operations; Software as a service (SAAS) services in the agriculture industry; Software as a service (SAAS) services featuring software for management of growing conditions of agricultural operations; Software as a service (SAAS) services featuring software for managing nutrients, and moisture in agricultural fields; Software as a service (SAAS) services featuring software for managing farms and farming operations; Platform as a services (PAAS) services; Platform as a services (PAAS) services featuring software for tracking and managing growing conditions of agricultural operations; Platform as a services (PAAS) services in the agriculture industry; Platform as a services (PAAS) services featuring software for management of growing conditions of agricultural operations; Platform as a services (PAAS) services featuring software for managing nutrients, and moisture in agricultural fields; Platform as a services (PAAS) services featuring software for managing farms and farming operations; Consulting services in the field of agriculture; Consulting services provided to agricultural producers; Consulting services provided to growers of agricultural products; Consulting services in the field of agricultural advice, namely, providing recommendations for agricultural inputs based on soil conditions, testing results, local knowledge and experience; Consulting services in the field of agricultural advice, namely, development of plans and strategies in view of growing conditions; Agricultural consulting services; Providing recommendations regarding precision agricultural practices and techniques based on soil conditions, testing results, local knowledge and experience; Providing recommendations regarding the use of new products and practices in agriculture based on soil conditions, testing results, local knowledge and experience; Providing recommendations regarding the combination of products and practices in agriculture based on soil conditions, testing results, local knowledge and experience; Consulting services in the field of agricultural, namely, providing educational materials and training; Educational services, namely, training events and services for agricultural producers; Providing information in the field of agriculture; Providing information in the field of agriculture through a website..

Original PDF file:
SPE0-745121266-2022070113 5320512959_._02682580.PDF
Converted PDF file(s) (19 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13
Specimen File14
Specimen File15
Specimen File16
Specimen File17
Specimen File18
Specimen File19
Webpage URL: http://varimaxsystems.com/
Webpage Date of Access: 06/22/2022




The owner's/holder's proposed attorney information: Christopher A. Proskey. Christopher A. Proskey of BrownWinick Law Firm, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      666 Grand Avenue, Suite 2000
      Des Moines, Iowa 50309
      United States
      515-242-2400(phone)
      ip@brownwinick.com
The docket/reference number is 31312.0003.
Christopher A. Proskey 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:

Christopher A. Proskey

PRIMARY EMAIL FOR CORRESPONDENCE: ip@brownwinick.com       SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED 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: /Christopher A. Proskey/   Date: 07/01/2022
Signatory's Name: Christopher A. Proskey
Signatory's Position: Attorney of Record, Iowa Bar Member
Signatory's Phone Number: 515-242-2400
Signature method: Signed directly within the form
Payment Sale Number: 97485736
Payment Accounting Date: 07/01/2022

Serial Number: 97485736
Internet Transmission Date: Fri Jul 01 14:08:27 ET 2022
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20220701140827893
235-97485736-820834679f6494d44cc6e02c412
5d595227218cdca48312b8de24ab714931a1a-DA
-08273763-20220701135320512959