Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1118028
`03/03/2021
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Name
`
`GROWMARK, Inc.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`03/03/2021
`
`1701 TOWANDA AVE.
`BLOOMINGTON, IL 61701
`UNITED STATES
`
`JAMIE N. NAFZIGER
`DORSEY & WHITNEY LLP
`50 SOUTH SIXTH STREET
`SUITE 1500
`MINNEAPOLIS, MN 55402
`UNITED STATES
`Primary Email: IP.DOCKET@DORSEY.COM
`Secondary Email(s): NAFZIGER.JAMIE@DORSEY.COM, JAR-
`ZYNA.ALISON@DORSEY.COM
`612-343-7922
`
`Docket Number
`
`82143-00207
`
`Applicant Information
`
`Application No.
`
`88953461
`
`Publication date
`
`11/03/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`03/03/2021
`
`Opposition Peri-
`od Ends
`
`03/03/2021
`
`Chris Huziak
`826 PARK HARBOUR DRIVE
`YOUNGSTOWN, OH 44512
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 042. First Use: 2019/11/12 First Use In Commerce: 2019/11/12
`All goods and services in the class are opposed, namely: Providing online non-downloadable com-
`puter software for permanently erasing andtransferring digital data from various electronic devices;
`providing temporary use of non-downloadable cloud-based computer software for permanently eras-
`ing and transferring digital data from variouselectronic devices
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`854856
`
`Registration Date
`
`08/13/1968
`
`Application Date
`
`11/10/1966
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`FS
`
`NONE
`
`Class 035. First use: First Use: 1955/08/00 First Use In Commerce: 1955/08/00
`WHOLESALE AND RETAIL DISTRIBUTION OF MATERIALS AND SUPPLIES
`TO FARMERS
`Class 042. First use: First Use: 1955/08/00 First Use In Commerce: 1955/08/00
`CONDUCTING RESEARCH CONCERNING FARM MATERIALS, SUPPLIES
`AND OPERATION AND DISTRIBUTING RESULTS THEREOF TO FARMERS,
`AND ADVISING FARMERS AS TO USE OF FARM MATERIALS, SUPPLIES
`AND OPERATION
`
`U.S. Registration
`No.
`
`5237675
`
`Registration Date
`
`07/04/2017
`
`Application Date
`
`10/06/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`MIFIELD BY FS
`
`NONE
`
`Class 042. First use: First Use: 2015/10/00 First Use In Commerce: 2015/10/00
`Agricultural research; agricultural services, namely, soil sampling and crop ob-
`serving for analysis purposes; research and development in the field of agro-
`nomy, farming and crop yields; scientific research services for genetic, plant
`varieties, seeds, agronomy and harvesting andtransformation methods; technic-
`al research in the fields of soil and agronomy; applied scientific research in the
`fieldof agriculture, agronomy, farming and crop yields; agricultural testing for
`seeds, crop protection products, and fertilizer; providing a website featuring agri-
`cultural research in the fields of agronomy, farming and crop yields; professional
`consulting services about agricultural chemistry and fertility plans; farm product
`input services, namely, agricultural testing for determining soil nutrients and
`composition; agricultural mapping services; field scouting services, namely, ob-
`serving and inspecting fields to identify problems associated with weeds, in-
`sects, and diseases; mapping and surveying services for precision farming,
`namely, the application and utilization of technologies and agronomic principles
`to manage spatial and temporal variability associated with all aspects of agricul-
`tural production using satellite imagery, GPS mapping, soil mapping, variable
`ratetechnologies, geospatial tools, and yield monitoring for improving the control
`and management of crops and increasing yields; professional consulting ser-
`vices about agricultural chemistry, scientificdata analysis services and custom
`development of computer software in the fieldof precision agriculture, namely,
`the use of sensors, maps, imagery, soil conditions, crop yield and other data to
`monitor and devise a plan for increasing crop yield, together with the use of
`equipment to carry out the devised plan; providing a website featuring techno-
`logy thatallows users to access, plan, and manage information in the fields of
`agriculture, horticulture, and agronomy; providing an online non-downloadable
`internet based systems in the nature of software applications featuring techno-
`
`

`

`logy enablingusers to access, plan, and manage information for use in the fields
`of agriculture, horticulture, and agronomy; cloud computing featuring software
`for use in farm information management; cloud computing featuring software for
`use in farm information management to provide statistics and graphical analysis
`of crop production, costs, and health; cloud computing featuring software used
`to provide financial analysis of a farm; cloud computing featuring software used
`to provide feedback from precision agriculture machinery, equipment, and
`devices; computer software development, computer programmingand mainten-
`ance of computer software for precision agriculture programs
`
`U.S. Registration
`No.
`
`5381084
`
`Registration Date
`
`01/16/2018
`
`Application Date
`
`10/06/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`MIFIELD FS
`
`The mark consists of the stylized word "MIFIELD". The letter "I" in this word is
`composed of a stylized design of a plant that has two leaves and a shaded circle
`above the plant. The leaves have cutout areas at their centers to depict
`curvature in the leaves. To the left and right of the plant are lines parallel to the
`vertical shape of the plant and its leaves. To the right the word "MIFIELD" isa
`stylized quadrilateral outline holding the letters "FS". The letter "M", the letters
`"FIELD", and the letter "F" in the quadrilateral are darkly shaded. The plant, the
`vertical lines on the sides of the plant, the circle, the quadrilateral, and the letter
`"S" in the quadrilateral are lightly shaded.
`
`Class 042. First use: First Use: 2015/10/00 First Use In Commerce: 2015/10/00
`Agricultural research; agricultural services, namely, soil sampling and crop ob-
`serving for analysis purposes; research and development in the field of agro-
`nomy, farming and crop yields; scientific research services for genetic, plant
`varieties, seeds, agronomy and harvesting andtransformation methods; technic-
`al research in the fields of soil and agronomy; applied scientific research in the
`fields of agriculture, agronomy, farming and crop yields; agricultural testing for
`seeds, crop protection products, and fertilizer; providing a website featuring agri-
`cultural research in the fields of agronomy, farming and crop yields; professional
`consulting services about agricultural chemistry and fertility plans; farm product
`input services, namely, agricultural testing for determining soil nutrients and
`composition; agricultural mappingservices; field scouting services, namely, ob-
`serving and inspecting fields to identify problems associated with weeds, in-
`sects, and diseases; mapping and surveying services for precision farming,
`namely, the application and utilization of technologies and agronomic principles
`tomanage spatial and temporal variabilityassociated with all aspects of agricul-
`tural production using satellite imagery,GPS mapping, soil mapping, variable
`rate technologies, geospatial tools, and yield monitoring for improving the con-
`troland management of crops and increasing yields; professional consulting ser-
`vicesabout agricultural chemistry, scientific data analysis services and custom
`development of computer software in the field of precision agriculture, namely,
`the use of sensors, maps, imagery, soil conditions, crop yield and other data to
`monitor and devise a plan for increasing crop yield, together with the use of
`equipment to carry out the devised plan; providing a website featuring techno-
`logy that allows users to access, plan, and manage information in the fields of
`agriculture, horticulture, and agronomy; providing an online non-downloadable
`internet based systems in the nature of software applications featuring techno-
`logy enabling users to access, plan, and manage information for use in the fields
`of agriculture, horticulture, and agronomy; cloud computing featuring software
`for use in farm information management; cloud computing featuring software for
`use in farm information management to provide statistics and graphical analysis
`of crop production, costs, and health; cloud computing featuring software used
`
`

`

`to provide financial analysis of a farm; cloud computing featuring software used
`to provide feedback from precision agriculture machinery, equipment, and
`devices; computer software development, computer programming and mainten-
`ance of computer software for precision agriculture programs
`
`U.S. Application
`No.
`
`88241512
`
`Application Date
`
`12/26/2018
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`FS
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Downloadable computer e-commerce software to allow users to perform elec-
`tronic business transactions via mobile devicesand local and global computer
`networks;downloadable computer software applications to assist agricultural
`professionals with the inspection, research, data collection and analysis, spec-
`tral sampling, and information on crop health and precision agriculture methods
`and technology; downloadable computer software applications for agricultural,
`automotive, energy, and industrial uses, namely, for use in data collection, ag-
`gregation, analysis, georeferencing, management, reporting, warehousing, em-
`ployment recruiting, financial analysis, event logistics, order entry, payments,
`product selection and use, and publication distribution; downloadable computer
`software applicationsto assist with product selection in theautomotive, energy,
`fuel, grease, lubricant, and oil sectors; downloadable computer software for
`budgeting, forecasting, consolidation of financial data and financial reporting, for
`use in financial reporting or analysis; downloadable computer software for creat-
`ing searchable databases of information and data; downloadable computer soft-
`ware for monitoring the operation of mechanized agricultural equipment during
`agricultural operations; downloadable computer software for thecollection, edit-
`ing, organizing, modifying, transmission, storage and sharing of data and inform-
`ation; downloadable computer software, namely, electronic financial software
`that accommodates multipletypes of payment and debt transactions in an integ-
`rated mobile device and web based environment; downloadable computer soft-
`ware that provides business management intelligence by combining information-
`from various databases and presenting it in an easy-to-understand user inter-
`face; downloadable mobile applications for accessing, planning, and managing
`information for use in the fields of agriculture, agronomy, automotive, energy,
`horticulture, and industrial equipment; downloadable mobile applications for re-
`cordingfield and crop observations related to pest pressure, tracking field condi-
`tionswith GPS-enabled maps, and generating crop scouting reports; download-
`able computer software for use by customers to manage data relating to farm in-
`puts, costs,and crop yield results; decision support systems in the nature of
`computer hardware and downloadable software for use in data collection, ag-
`gregation, analysis, georeferencing, management, reporting,warehousing, em-
`ployment recruiting, financial analysis, event logistics, order entry, payments,
`product selection and use, and publication distribution in the field of precision
`agriculture and variable rate technology; decision support systems in the nature
`of computer hardwareand downloadable software for use in data collection, ag-
`gregation, analysis, georeferencing, management, reporting, warehousing, em-
`ployment recruiting, financial analysis, event logistics, order entry, payments,
`product selection and use, and publication distribution in the fields of agriculture,
`agronomy, automotive,energy, horticulture, and industrial equipment; simulators
`for driving and control of vehicles and farm equipment; software applications for
`use with mobile phones, tablet computers, mobile telecommunication devices,
`and personal computers, namely, downloadable software for assisting agricultur-
`
`

`

`al professionals with the inspection, research, data collection and analysis,
`spectral sampling, and information on crop health and precision agriculture
`methods and technology; downloadable software for accessing, planning,and
`managing information for use in thefields of agriculture, agronomy, automotive,
`energy, horticulture, and industrial equipment
`
`U.S. Application
`No.
`
`88241514
`
`Application Date
`
`12/26/2018
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`FS
`
`NONE
`
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Agricultural mapping services; agricultural services, namely, providing temporary
`use of non-downloadable computer software applications for use with mobile
`phones, tablet computers, mobile telecommunication devices, and personal
`computers, namely, software for assisting agricultural professionals with the in-
`spection,research, data collection and analysis,spectral sampling, and informa-
`tion on crop health and precision agriculture methods and technology; agricultur-
`al testing for seeds, crop protection products, and fertilizer; analyzing and evalu-
`ating agricultural fertilizer and nutrients; analyzing and evaluating nitrogen in
`soil; application service provider (ASP) featuring e-commerce software for use
`as a payment gateway that authorizes processing of credit cards or direct pay-
`ments for merchants; application service provider, namely, hosting, managing,
`developing, and maintaining applications, software, and web sites, in the fields
`of wireless communication, mobile information access, and remote data man-
`agement for wireless delivery of content to handheld computers, laptops and
`mobile electronic devices; applied scientific research in the fields of agriculture,
`agronomy, farming and crop yields; cloud computing featuring software for use
`in farm information management; cloud computing featuringsoftware for use in
`farm information management to provide statistics and graphical analysis of crop
`production, costs,and health; cloud computing featuring software used to
`provide financial analysis of a farm; cloud computing featuring software used to
`provide feedback from precision agriculture machinery, equipment, and devices;
`computer services, namely, acting as an application service provider in the field
`of information management to host computer application software for the pur-
`pose of ecommerce transaction processing, and information and data collection,
`editing, organizing, modifying, transmission, storage, and sharing; computer ser-
`vices, namely, providing a website featuring temporary use of non-downloadable
`computer software for collecting, analyzing, and providing data and information
`regarding electronic payment transactions; computer software design, computer
`programming, and maintenance ofcomputer software; computer software devel-
`opment, computer programming, and maintenance of computer software for pre-
`cision agriculture programs; providing temporary use of non-downloadable com-
`puter software for use in issuing and providingreceipts for others for electronic
`payments and payment transactions; computer graphics design services,
`namely, creating of 3-D computer models; database design and development;
`electronic data storage; farm product input services, namely, agricultural testing
`for determining soil nutrients and composition; field scouting services, namely,
`observing and inspecting agriculture fields to identify problems associated with
`weeds, insects,and diseases; mapping and surveying services for precision
`farming by means of the application and utilization of technologies and agro-
`nomic principles to manage spatial and temporal variability associated with all
`aspects of agricultural production using satellite imagery, GPS mapping, soil
`mapping, variable rate technologies, geospatial tools, and yield monitoring for
`
`

`

`improving the control and management of crops and increasing yields; providing
`temporary use of non-downloadable electronic financial software that accom-
`modates multiple types of paymentand debt transactions in an integrated mobile
`device and web based environment;providing temporary use of non-
`downloadable software for accessing, planning, and managing information for
`use in the fields of agriculture, agronomy, automotive, energy, horticulture, and
`industrialequipment; providing temporary use of non-downloadable software for
`budgeting, forecasting, and consolidation of financial data and financial report-
`ing, and for use in financial reporting and analysis; providing temporary use of
`non-downloadable software for recording field and crop observations related to
`pest pressure, for tracking field conditions with GPS-enabled maps, and for gen-
`erating cropscouting reports; providing temporary use of non-downloadable soft-
`ware that provides business management intelligence by combining information
`from various databases and presenting it in an easy-to-understand user inter-
`face; providing temporary use of non-downloadable software for agricultural,
`automotive, energy, andindustrial uses, namely, for use in data collection, ag-
`gregation, analysis, georeferencing, management, reporting, warehousing, em-
`ployment recruiting, financial analysis, event logistics, order entry, payments,
`product selection and use, and publication distribution; providing temporary use
`of non-downloadable software applications to assist with product selection in the
`automotive, energy, fuel,grease, lubricant, and oil sectors; platform as a service
`(PAAS) featuring computer software platforms for agriculturalfertilizer and nutri-
`ent monitoring and management in soil; platform as a service (PAAS) featuring
`computer software platforms for inventorying, tracking, and verifying plant-
`available nitrogen in soil; platform as a service (PAAS) featuring computer soft-
`ware platforms for nitrogen monitoring and management in soil; professional
`consulting services about agricultural chemistry and fertility plans;providing a
`website featuring agricultural research information in the fields of agronomy,
`farming, and crop yields; providing a website featuring agriculturalresearch in-
`formation in the fields of biology, ecology, organisms, biosystematics, environ-
`ment, biological control, entomology, mycology, and bacteriology; providing a
`website featuring technology that allows users to access, plan, and manage in-
`formation in the fields of agriculture, agronomy, automotive, energy, horticulture,
`and industrial equipment; providing an interactive web site featuring technology
`that enables users to enter, access, track, manage, monitor, and generate in-
`formation and reports regarding sales of products and services; providingan on-
`line non-downloadable internet based system in the nature of software applica-
`tions featuring technology enabling users to access, plan, and manage informa-
`tion for use in the fields of agriculture, agronomy, automotive, energy, horticul-
`ture, and industrial equipment; providing information for farmers in the fieldsof
`agricultural and crop research; providing scientific information in the fields of ag-
`ricultural research, agronomy, farming, crop yields, environmentalism, conserva-
`tionism, biological diversity, global climate change, environmental sustainability,
`sustainable consumption, natural resource preservation, endangered species,
`sustainable business practices, environmental issues, soil sampling, cropob-
`serving, genetics, plant varieties, seeds, farming practices, harvesting, chem-
`istry, crop production, crop costs, andcrop health; providing non-
`downloadablesoftware applications featuring technology enabling users to ac-
`cess, plan, and manage information for use in the fieldsof agriculture, agronomy,
`automotive, energy, horticulture, and industrial equipment; providing technolo-
`gical and scientific information about agricultural fertilizer and nutrient monitoring
`and management; providing technological and scientific information about in-
`ventorying, tracking, and verifying plant-available nitrogen in soil; providing tech-
`nologicaland scientific information about nitrogen monitoring and management
`in soil; providing temporary use of non-downloadable computer software for use
`in issuing and providing receipts for others for electronic payments and payment
`transactions; providing temporary use of non-downloadable computer software
`that enables consumers and businesses to perform electronic payment transac-
`tions through the use of their electronic signature, personal identification number
`(PIN), name, or photo; providing temporary use of on-linenon-downloadable
`
`

`

`cloud computing software for accessing, selecting, processing, downloading,
`and managing map-based data for use in agriculture; providing temporary use of
`on-line non-downloadable computer software for payment processing,user au-
`thentication, and or management and tracking of payment transactions; provid-
`ing temporary use of online non-downloadable software for use in collect-
`ing,analyzing, and providing data and information regarding electronic payment
`transactions; providing temporary use of on-line non-downloadable suite of soft-
`ware tools for agricultural field optimization and precision agriculture; reporting
`of soil testing results directly to growers; research and development in the field
`of agronomy, farming, and crop yields;scientific data analysis services and cus-
`tom development of computer software in the field of precision agriculture,
`namely, the use of sensors, maps, imagery,soil conditions, crop yield and other
`data to monitor and devise a plan for increasing crop yield, together with the use
`of equipment to carry out the devised plan; scientific research services in the
`fields of genetics, plant varieties, seeds, agronomy, and plant harvesting an-
`dtransformation methods; providing temporary use of non-downloadable simula-
`tion software in the field of controlling agriculture and farm equipment and
`vehicles; technical research in the fields of soil and agronomy; providing tempor-
`ary useof non-downloadable virtual reality training simulation software in the
`field of controlling agriculture and farm equipment and vehicles
`
`U.S. Application
`No.
`
`88688731
`
`Application Date
`
`11/12/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`FS
`
`The mark consists of the capital letter"F" to the left and slightly lower thanthe
`capital letter "S", both surroundedby a slanted rectangular border.
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Downloadable computer e-commerce software to allow users to perform elec-
`tronic business transactions via mobile devicesand local and global computer
`networks;Downloadable computer software applications to assist agricultural
`professionals with the inspection, research, data collection and analysis, spec-
`tral sampling, and information on crop health and precision agriculture methods
`and technology; Downloadable computer software applications for agricultural,
`automotive, energy, and industrial uses, namely, for use in data collection, ag-
`gregation, analysis, georeferencing, management, reporting, warehousing, em-
`ployment recruiting, financial analysis, event logistics, order entry, payments,
`product selection and use, and publication distribution; Downloadable computer
`software applicationsto assist with product selection in theautomotive, energy,
`fuel, grease, lubricant, and oil sectors; Downloadable computer software for
`budgeting, forecasting, consolidation of financial data and financial reporting, for
`use in financial reporting or analysis; Downloadable computer software for creat-
`ing searchable databases of information and data; Downloadable computer soft-
`ware for monitoring the operation of mechanized agricultural equipment during
`agricultural operations; Downloadable computer software for thecollection, edit-
`ing, organizing, modifying, transmission, storage and sharing of data and inform-
`ation; Downloadable computer software, namely, electronic financial software
`that accommodates multipletypes of payment and debt transactions in an integ-
`rated mobile device and web based environment; Downloadable computer soft-
`ware that provides business management intelligence by combining information-
`from various databases and presenting it in an easy-to-understand user inter-
`face; Downloadable mobile applications for accessing, planning, and managing
`information for use in the fields of agriculture, agronomy, automotive, energy,
`horticulture, and industrial equipment; Downloadable mobile applications for re-
`cordingfield and crop observations related to pest pressure, tracking field condi-
`
`

`

`tionswith GPS-enabled maps, and generating crop scouting reports; Download-
`able computer software for use by customers to manage data relating to farm in-
`puts, costs,and crop yield results; Decision support systems in the nature of
`computer hardware and downloadable software for use in data collection, ag-
`gregation, analysis, georeferencing, management, reporting,warehousing, em-
`ployment recruiting, financial analysis, event logistics, order entry, payments,
`product selection and use, and publication distribution in the field of precision
`agriculture and variable rate technology; Decision support systems in the nature
`of computer hardwareand software for use in data collection, aggregation, ana-
`lysis, georeferencing,management, reporting, warehousing, employment recruit-
`ing, financial analysis, event logistics, order entry, payments, product selection
`and use, and publication distribution in the fields of agriculture, agronomy, auto-
`motive, energy, horticulture, and industrial equipment; Simulators for driving and
`control of vehicles and farm equipment; Downloadable software applications for
`use with mobile phones, tablet computers, mobile telecommunication devices,
`and personal computers, namely, software for assisting agricultural profession-
`als with the inspection,research, data collection and analysis,spectral sampling,
`and information on crop health and precision agriculture methods and techno-
`logy; Downloadable software for accessing, planning, and managinginformation
`for use in the fields of agriculture, agronomy, automotive, energy,horticulture,
`and industrial equipment;Downloadable mobile software for obtaining informa-
`tion, posting resumes, and submitting applications in the fields of employment,
`careers, employment opportunities, career placement, recruitment, joblistings,
`personal issues related to careers and work life, job resources, salary informa-
`tion, and compensation and benefits; Downloadable electronic publications in
`the nature of journals, newsletters, and catalogs in the fields of agriculture, agro-
`nomy, automotive, business, energy, finance, horticulture, and industrial equip-
`ment
`
`U.S. Application
`No.
`
`88691069
`
`Application Date
`
`11/13/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`FS
`
`The mark consists of the capital letter"F" to the left and slightly below the capital
`letter "S", both surrounded by aslanted rectangular border.
`
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Agricultural mapping services; Agricultural services, namely, providing tempor-
`ary use of non-downloadable computer software applications for use with mobile
`phones, tablet computers, mobile telecommunication devices, and personal
`computers, namely, software for assisting agricultural professionals with the in-
`spection,research, data collection and analysis,spectral sampling, and informa-
`tion on crop health and precision agriculture methods and technology; Agricul-
`tural testing for seeds, crop protection products, and fertilizer; Analyzing and
`evaluating agricultural fertilizer and nutrients; Analyzing and evaluating nitrogen
`in soil; Application service provider (ASP) featuring e-commerce software for
`use as a payment gateway that authorizes processing of credit cards or direct
`payments for merchants; Application service provider, namely, hosting, man-
`aging, developing, and maintaining applications, software, and web sites, in the
`fields of wireless communication, mobile information access, and remote data
`management for wireless delivery of content to handheld computers, laptops
`and mobile electronic devices; Applied scientific research in the fields of agricul-
`ture, agronomy, farming and crop yields; Cloud computing featuring software for
`use in farm information management; Cloud computing featuringsoftware for use
`in farm information management to provide statistics and graphical analysis of
`crop production, costs,and health; Cloud computing featuring software used to
`
`

`

`provide financial analysis of a farm; Cloud computing featuring software used to
`provide feedback from precision agriculture machinery, equipment, and devices;
`Computer services, namely, acting as an application service provider in the field
`of information management to host computer application software for the pur-
`pose of ecommerce transaction processing, and information and data collection,
`editing, organizing, modifying, transmission, storage, and sharing; Computer
`services, namely, providing a website featuring temporary use of non-
`downloadable computer software for collecting, analyzing, and providing data
`and information regarding electronic payment transactions; Computer software
`design, computer programming, and maintenance ofcomputer software; Com-
`puter software development, computer programming, and maintenance of com-
`puter software for precision agriculture programs; Providing temporary use of
`non-downloadable computer software for use in issuing and providingreceipts
`for others for electronic payments and payment transactions; Computer graphics
`design services, namely, creating of 3-D computer models; Database design
`and development; Electronic data storage; Farm product input services, namely,
`agricultural testing for determining soil nutrients and composition; Field scouting
`services, namely, observing and inspecting agriculture fields to identify problems
`associated with weeds, insects,and diseases; Mapping and surveying services
`for precision farming by means of the application and utilization of technologies
`and agronomic principles to manage spatial and temporal variability associated
`with all aspects of agricultural production using satellite imagery, GPS mapping,
`soil mapping, variable rate technologies, geospatial tools, and yield monitoring
`for improving the control and management of crops and increasing yields;
`Providing temporary use of non-downloadable electronic financial software that
`accommodates multiple types of paymentand debt transactions in an integrated
`mobile device and web based environment;Providing temporary use of non-
`downloadable software for accessing, planning, and managing information for
`use in the fields of agriculture, agronomy, automotive, energy, horticulture, and
`industrialequipment; Providing temporary use of non-downloadable software for
`budgeting, forecasting, and consolidation of financial data and financial report-
`ing, and for use in financial reporting and analysis; Providing temporary use of
`non-downloadable software for recording field and crop observations related to
`pest pressure, for tracking field conditions with GPS-enabled maps, and for gen-
`erating cropscouting reports; Providing temporary use of non-downloadable soft-
`ware that provides business management intelligence by combining information
`from various databases and presenting it in an easy-to-understand user inter-
`face; Providing temporary use of non-downloadable software for agricultural,
`automotive, energy, andindustrial uses, namely, for use in data collection, ag-
`gregation, analysis, georeferencing, management, reporting, warehousing, em-
`ployment recruiting, financial analysis, event logistics, order entry, payments,
`p