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

Serial Number: 97924943

Filing Date: 05/08/2023

To the Commissioner for Trademarks:

MARK: Guardian (Standard Characters, see mark)
The literal element of the mark consists of Guardian. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, Behlen Mfg. Co., a corporation of Nebraska, having an address of
      4025 E. 23rd St.
      Columbus, Nebraska 68601
      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 009:  Computer hardware and software for use in remotely monitoring agricultural facilities, namely water tanks; wireless network equipment that facilitates the collection and transmission of data from mobile and internet of things (IoT) enabled devices, namely, network routers, telecommunications switches, wireless access point (WAP) devices, radio beacon machines and devices, and transponders, for use in the fields of agriculture, livestock management, construction, and manufacturing; electrical devices, namely, agricultural and livestock monitors in the nature of electronic monitoring devices used to collect operational data and settings including temperature and water depth from agricultural products to ensure proper functioning, and agricultural product location sensors in the nature of electronic devices for locating agricultural products using positioning systems or short-range network location identification services; wireless communication devices for voice, data, image, or video transmission in the fields of agriculture, livestock management, construction, and manufacturing.

In International Class 009, 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 09/13/2022, and first used in commerce at least as early as 05/05/2023, 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) Snip of Guardian water tank sensor from a sales website..

Original PDF file:
SPE0-6464145169-202305081 10926616563_._Website_sni p_of_Guardian_Use_1May23.pdf
Converted PDF file(s) (1 page)
Specimen File1
Webpage URL: http://shop.realmfive.com/products/behlen-guardian
Webpage Date of Access: 05/01/2023



The owner's/holder's proposed attorney information: Erik Hash. Erik Hash, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      4025 E. 23rd St.
      Columbus, Nebraska 68601
      United States
      402-563-7206(phone)
      erik.hash@behlenmfg.com

Erik Hash 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:

Erik Hash

PRIMARY EMAIL FOR CORRESPONDENCE: erik.hash@behlenmfg.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: /Erik Hash/   Date: 05/08/2023
Signatory's Name: Erik Hash
Signatory's Position: Attorney of Record
Signatory's Phone Number: 402-563-7206
Signature method: Signed directly within the form
Payment Sale Number: 97924943
Payment Accounting Date: 05/08/2023

Serial Number: 97924943
Internet Transmission Date: Mon May 08 11:40:38 ET 2023
TEAS Stamp: USPTO/BAS-XX.XX.XX.XX-202305081140400231
91-97924943-860c0448383891c62b7b51d4153b
02c6f6d487a982274ef64fbac8fbf51b290a9-CC
-40388210-20230508110926616563