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PAUL D. PATE Application for
Registration of Mark
Secretary of State
One actual specimen of use of mark or facsimile of
State of Iowa specimen of use of mark must accompany this application

Pursuant to Iowa Code Chapter 548, the undersigned applies for registration of a trademark or service mark entitled to
registration under this chapter in the state of Iowa.

READ THE INSTRUCTIONS CAREFULLY BEFORE STARTING THE APPLICATION.
All items must be completed before the application will be considered. Attach additional pages as needed to provide the
requested information. Other documents or materials may also be attached to support the application.

1. Name of applicant:

2. Business address of applicant:

3. The applicant is (check one):

an individual a corporation

alimited liability company other (please specify)

3a. If a corporation or other business entity, the state of incorporation or registration:

3b. If the applicant is a partnership, the state in which the partnership is organized:

If the applicant is a partnership, the names of the general partners:

4. The type of business engaged in by the applicant:

5. Goods or services the mark is meant to indicate the source of:

6. The class number and title of the good or service (only one class per application):
Class number: Class title:
7. Mode or manner in which the mark is being used with the goods or services:

8. A complete description of the mark:

635_0107 (continued on next page)
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         9.  Any components of the mark of which the applicant disclaims exclusive use:

         10. Date of first use by applicant or applicant's predecessor in interest (must be at least one time prior to this filing):

                     In Iowa: 

                     Outside of Iowa (specify where and the date): 

         11. Has an application to register the mark, or portions or a composite of the mark, been filed in the United States
             Patent and Trademark Office by the applicant or a predecessor in interest? (check one):

                                                                                                                               YES                     NO 
             If "YES", please state: 

                         Date of filing: 

                         Serial Number of application: 

                         Status of application: 

                         Has application been refused?:                                                                                                                             YES                  NO 

                         Has otherwise not resulted in registration:                                                                                                                YES                  NO 

                                                                                                                               Reason: 

         12. If the proposed mark has acquired a secondary meaning  so ,                                                                                                              that  if  the  mark  would  otherwise  be  unregistrable, it 
             could    still be                                                                                                 considered     for registration,  explain  how the   secondary    meaning developed  and attach   documents or
             other evidence that supports the existence of secondary meaning as provided in Iowa Code section 548.102(5)(b).                                                         

             I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding is true and correct, 
         that applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the applicant and the 
         person verifying the application, no other person has registered, either federally or in this state, or has
         the right to use such mark either in the identical form or in such resemblance to the form as to be likely, when 
         applied to the goods or services of such other person, to cause confusion or mistake, or to deceive.

         Signed                                                                                                                                                                                  Title 

         Date  

         NOTES: 
         1. The application fee is $10.00. Make checks payable to SECRETARY OF STATE. 
         2.  Include the required                                                                                              specimen    of current  use in commerce   with this application.  
         3. The information you provide will be open for public inspection under Iowa Code section 22.11.

                                                                                                                                                                 SECRETARY OF STATE 
                                                                                                                                                                 Business Services Division 
                                                                                                                                                                 Lucas Building, 1st Floor 
                                                                                                                                                                 Des Moines, IA 50319 
                                                                                                                                                                 Phone:  (515) 281-5204 
                                                                                                                                                                 FAX: (515) 242-5953 
                                                                                                                                                                 Website: sos.iowa.gov 
635_0107 
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                          PAUL D. PATE                                              INSTRUCTIONS  for 

                      Secretary of State                                            Application  for 

                                                                                    Registration of  Mark 
                                   State of Iowa 

IT IS IMPORTANT that you read and understand these instructions before you begin to complete the application form. 
Failure to complete the form correctly or to provide all the requested information will result in the application being 
returned.   

All  items  must  be  completed  before  the  application  will  be  considered.  If  there  is  insufficient  space  on  the  form  to  
provide  all  requested  information,  use  additional  pages  as  required,  numbering  to  correspond  to  the  item.  Other 
documents or materials may be attached to the application. In such cases the material or documents should be referenced in 
the form and clearly marked for ease of identification. 

An application for registration of trademark or service mark must include one specimen demonstrating current use of the       
mark in commerce at the point of sale of the  applied-for class of goods or in the sale or advertising of                            the applied-for
class of services. Specimens of use are required because they show that the mark is actually  in use in commerce and
demonstrate  the  manner  in  which  the  mark  is  being  seen  by  the  public.  Artwork  not  clearly  connected  to  any  use  in 
commerce  does  not  constitute  a  specimen  of  use.  Applications  submitted  with  only  such  artwork  meant  to  satisfy  the 
specimen of use requirement will be rejected. 

Item 1 Print the name of the applicant. If the applicant is other than a natural person, the  complete legal name of the 
         business entity must be provided. 

Item 2   Print the business address of the applicant. 

Item 3 Check the box that describes the applicant. If "other" is checked, state the type of entity; for example: "partnership." 

       3a If the applicant is a corporation or other business entity, print the name of the state in which the entity is incorporated 
       or  registered.

       3b If the applicant is a partnership or limited partnership, print the name of the state under whose laws the partnership 
       was  organized,  and  the  legal  name  of  each  of  the  general  partners.

Item 4 Describe the type of business engaged in by applicant. Be as specific as possible; e.g. a company in the business 
       of manufacturing and selling track mounted earth moving equipment; or a business providing dental services for 
       children.

Item 5 Describe what goods or services the mark is meant to indicate the source of.  Be as specific as possible.

For example: 
       • do not just say “lawn services”  -  instead, specify the types of services being provided: “mowing, edging, leaf
         removal, and snow removal”;
       • do not just say “schools”  -instead, specify “school sports programs”;
       • do not just say “food”  -instead, specify the types of food being promoted: “hamburgers, hot dogs, salads, and
         traditional side dishes” .

Item 6 Indicate the class number   and the class title of goods or services that will carry the mark. This information can be
       found further on in these instructions, or may be obtained from the Secretary of State by calling 515-281-5204.
       ONLY ONE CLASS MAY APPEAR ON THE APPLICATION                        If multiple classes.                         are sought, each class must
       appear  on a separate application.     

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Item 7 Provide a brief description of the way applicant is using the proposed mark.  Be specific and include all ways 
         the mark is being used. T    he specimen of current use that applicant include swith the application must                
         demonstrate at least one of the listed associations.
For example: 

       • “as a brand name to appear on the tags of women’s fashion clothing”;
       • “as a logo to appear on a website, on the sides of service trucks, and on staff apparel to promote lawn
         services”;
       • “as a logo to appear on product packaging”;
       • “as a slogan to introduce or promote the sports segment of a TV news program”;
       • “as an insignia on signage, t-shirts, sweatshirts, jackets, coolers, pennants, and additional promotional
         items to promote school sports programs”

Item 8 Describe the proposed mark in sufficient detail such that a person who has not seen the mark would be able 
         to  comprehend  what  it  looks  like  after  reading  the  description.  The  description  should  include  any  colors
         which  will  be used,  any  specific  fonts  applied  to  words,  or  any  specific  designs,  shapes  or  borders.  

Item 9 List any word, phrase, design or shape included in the proposed mark for which exclusive use is disclaimed 
         or not being sought.

Item  10  State  the  date  the  mark  was  first  used  in  commerce  in  the  state  of  Iowa. For advice on what kinds of
         uses constitute use of    a mark   "in commerce"  for goods or services,  please consult an attorney   who           is 
         experienced in trademark application prosecution.  If the first use of the mark in commerce was outside
         the State of Iowa, then also give    the date of   that first use and the name of the state in which   it occurred.   

Item 11 If an application to register the proposed mark, any portion of the mark, or any composite including all or 
         part of the proposed mark has been filed in the United States Patent and Trademark Office, this section 
         must be completed. 

Item 12 In reviewing the proposed mark, if the possibility exists that the mark may be rejected as descriptive or 
         misdescriptive of the goods or services, the applicant may submit with the application such documentation
         or other evidence, as provided in Iowa Code section 548.102(5)(b), to establish that the mark has acquired 
         "secondary meaning" - in other words, that the public has      come to associate the applied-for mark with a
         single source or producer.

         *REMEMBER TO SIGN AND DATE THE APPLICATION ON THE BOTTOM OF THE 2ND PAGE.

NOTES: The application fee is $10.00. Make checks payable to SECRETARY OF STATE 

                                                  SECRETARY OF STATE 
                                                  Business Services Division 
                                                  Lucas Building, 1st Floor 
                                                    Des Moines, IA 50319 

                                                   Phone: (515) 281-5204 
                                                       FAX: (515) 242-5953 
                                                     Website: sos.iowa.gov

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PAUL D. PATE Registration and

Protection of Marks
Secretary of State
(Admin. Rule 721 - 40.6)
State of Iowa

Pursuant to the authority of Chapter 548.103 and 548.110 Code of Iowa, the following rules are promulgated:

721 - 40.6 (1)(548) Classification:
The following general classes of goods and services are established, but do not limit or extend the applicant’s or
registrant’s rights, and a single application for registration of a mark may include any or all goods upon which, or
services with which, the mark is actually being used comprised in a single class, but in no event shall a single
application include goods or services upon which the mark is being used which fall within different classes of goods
or services. The said classes are as follows:

GOODS
Class Title Class Title

1. Raw or partly prepared materials 27. Horological instruments
2. Receptacles 28. Jewelry and precious-metal ware
3. Baggage, animal equipments, portfolio and pocketbooks 29. Brooms, brushes and dusters
4. Abrasives and polishing materials 30. Crockery, earthenware and porcelain
5. Adhesives 31. Filters and refrigerators
6. Chemicals and chemical compositions 32. Furniture and upholstery
7. Cordage 33. Glassware
8. Smokers’ articles (not including tobacco prod.) 34. Heating, lighting and ventilating apparatus
9. Explosives, firearms, equipments and projectiles 35. Belting, hose, machinery packing and nonmetallic tires
10. Fertilizers 36. Musical instruments and supplies
11. Inks and inking materials 37. Paper and stationery
12. Construction materials 38. Prints and publications
13. Hardware and plumbing and steam-fitting supplies 39. Clothing
14. Metals and metal castings and forgings 40. Fancy goods, furnishings and notions
15. Oils and greases 41. Canes, parasols and umbrellas
16. Paints and painters' materials 42. Knitted, netted and textile fabrics, and substitutes thereof
17. Tobacco products 43. Thread and yarn
18. Medicine and pharmaceutical preparations 44. Dental, medical and surgical appliances
19. Vehicles 45. Soft drinks and carbonated waters
20. Linoleum and oiled cloth 46. Foods and ingredients of foods
21. Electrical apparatus, machines and supplies 47. Wines
22. Games, toys and sporting goods 48. Malt beverages and liquors
23. Cutlery, machinery and tools, and parts thereof 49. Distilled alcoholic liquors
24. Laundry appliances and machines 50. Merchandise not otherwise classified
25. Locks and safes 51. Cosmetics and toilet preparations
26. Measuring and scientific appliances 52. Detergents and soaps

SERVICES
100. Miscellaneous 104. Communication
101. Advertising and Business 105. Transportation and Storage
102. Insurance and Financial 106. Material Treatment
103. Construction and Repair 107. Education and Entertainment

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40.6 (2) Assistance in applications.
The secretary of state cannot give legal advice as to the nature and extent of the protection afforded by law nor advise as
to the registrability of a specific mark except as questions may arise in connection with pending applications.

40.6 (3) Incomplete or defective applications.
An application will not be filed unless the application and accompanying facsimiles or specimens are in proper form,
comply with the statutory requirements and are accompanied by the statutory fee. Specimens which are metal need not
be submitted, a facsimile being preferable in order to avoid filing problems. Documents not filed will be returned with a
statement of the reason therefor.

40.6 (4) Registration dates.
The registration date is the date on which the mark is actually posted in the registration indices of the office of the
secretary of state, after the application has been examined and found acceptable.

40.6 (5) Form of application.
The application shall be on a current form supplied by the secretary of state, be completed in the English language and
plainly written or typed. If the mark or any part thereof is not in the English language, it must be accompanied by a sworn
translation.

40.6 (6) Withdrawal of application.
Prior to actual registration of the mark, the applicant, by written request, may withdraw the application.

40.6 (7) Plurality of goods in a single application.
A single application may recite a plurality of goods, or a plurality of services, comprised in a single class, provided the
particular identification of each of these goods or services be stated and the mark is used or has been actually used on
or in connection with all of the goods or in connection with all of the services specified.

40.6 (8) Single class in one application.
A single application to register a mark for both goods and services or for goods or services in different classes will be
rejected. Applications must be restricted to goods or services comprised in a single class.

40.6 (9) Conflicts.
Whenever application is made for registration of a mark or trade name which so resembles a mark registered in this
state or a mark previously used in this state by another and not abandoned, as to be likely, when applied to the goods or
services of the applicant, to cause confusion or mistake or to deceive, a conflict shall be declared to exist and
registration denied.

40.6 (10) Conflicts between applications.
Conflicts between pending applications will be resolved on the basis of the claimed date of first use. The secretary of
state may require affidavits and other proof of first use.

40.6 (11) Record change on automatic transfer.
In the event of mergers or consolidations of corporations, a certified copy of such documents may be accepted to
transfer ownership of marks. If the name of the owner of record of a mark is changed, and request for a change of the
records is made, then written proof of such change can be made by sworn affidavit showing the manner or mode by
which the change of ownership was made.

40.6 (12) Change of address.
If the registered owner of a mark changes the address set forth on the registration, then written notice of such change of
address must be given to the secretary of state. Such notice must clearly identify the mark or marks involved and must
request that the change of address be noted on the records of the registration on file.

SECRETARY OF STATE
Business Services Division
Lucas Building, 1st Floor
Des Moines, IA 50319
Phone: (515) 281-5204
FAX: (515) 242-5953
Website: sos.iowa.gov

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