Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1285679
`05/17/2023
`
`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
`Granted to date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Docket no.
`
`GROWMARK, Inc.
`05/17/2023
`
`1701 TOWANDA AVE.
`BLOOMINGTON, MN 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, jarzyna.alison@dorsey.com
`6123437922
`M308692
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97322786
`05/17/2023
`
`Publication date
`Opposition period
`ends
`
`01/17/2023
`05/17/2023
`
`Fast Slow Motion, LLC
`120 19TH STREET NORTH, SUITE 2001
`BIRMIGNHAM, AL 35203
`UNITED STATES
`Goods/services affected by opposition
`
`Class 042. First Use: Mar 1, 2020 First Use In Commerce: Mar 1, 2020
`All goods and services in the class are opposed, namely: Computer software consulting; Consultation
`services relating to computer software; Consulting in the field of information technology; Consulting
`services in the design and implementation of computer-based information systems for businesses;
`Consulting services in the field of software as a service (SAAS); Consulting services for others in the
`field of design, planning, and implementation project management of computer software
`
`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.
`Register
`Registration date
`
`5360625
`
`Principal
`12/19/2017
`
`Application date
`
`03/12/2014
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`FS
`
`NONE
`
`Class 001. First use: First Use: Dec 31, 1955 First Use In Commerce: Dec 31,
`1955
`Fertilizers; adjuvants and surfactants used in agronomic applications, namely,
`for use in connection with agricultural chemicals; brake fluid; transmission fluids;
`power steering fluids; diesel exhaust fluids; quenching fluids for use in metal-
`working; propylene glycol; antifreeze; coolants; power fluids, power steering fluid
`for vehicles; metalworking fluids, namely, coolants; Chemical additive fluids for
`fuel treatment to improve vehicle performance and fuel efficiency
`Class 002. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`Paints, varnishes, lacquers, and preservatives against rust and against deterior-
`ation of wood in the nature of a coating; stoddard solvent, namely, mineral spirits
`for use as a paint thinner
`Class 003. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`Cleaning, polishing, scouring, abrasive preparations; rinsing preparations,
`namely, fluids for cleaning agricultural chemical storage tanks
`Class 031. First use: First Use: Oct 31, 1962 First Use In Commerce: Oct 31,
`1962
`Seeds for agricultural purposes, namely, corn seed, field seed, grain seeds; soy-
`bean seed; agricultural seed
`Class 035. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`Wholesale and retail distributorships featuring agricultural products, materials
`and supplies to farmers; retail convenience store services; business consulting
`services in the agricultural field; agricultural cooperative services, namely, co-
`operative advertising and marketing services and distributorship services in the
`field of agricultural products, materials and supplies; Fuel management consult-
`ing services, namely, providing recommendations for fuel selection and usage
`Class 036. First use: First Use: May 31, 1966 First Use In Commerce: May 31,
`1966
`Financial services, namely, banking services
`Class 039. First use: First Use: Aug 31, 1958 First Use In Commerce: Aug 31,
`1958
`Grain storage; bulk transportation, storage and delivery of goods
`Class 042. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`Agricultural research; agricultural testing and analysis for determining soil nutri-
`ents and composition, soil sampling, crop mapping and crop observation
`Class 044. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`Agricultural consulting services; turf consulting services, namely, providing re-
`commendations for plant and soil nutrition supplements, providing advice on the
`selection and application of agricultural chemicals and seed, and providing ad-
`
`

`

`vice about application of agricultural chemicals and the use and application of
`crop protection products, agricultural chemicals and agricultural seed
`
`U.S. registration
`no.
`Register
`Registration date
`
`5121266
`
`Principal
`01/10/2017
`
`Application date
`
`03/12/2014
`
`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 a slanted rectangular border.
`Class 002. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`Paints, [ varnishes, lacquers, ] and preservatives against rust and against deteri-
`oration of wood in the nature of a coating
`Class 003. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`rinsing preparations, namely, fluids for cleaning agricultural chemical storage
`tanks
`Class 004. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`Gasoline; tractor fuel; diesel fuel; liquefied petroleum gas; industrial grease; in-
`dustrial lubricants; furnace and stove fuel oils; lubricating oils and greases for
`vehicles; propane; biodiesel fuels; ethanol blended fuels; soy-based fuels; alco-
`hol blended fuels; metalworking fluids, namely, lubricants; hydraulic oils; engine
`oils; compressor oils; concrete form oil; vacuum pump oil; white oil, namely, min-
`eral oils for use in the manufacture of other products; special purpose industrial
`lubricants; gear lubricants
`Class 031. First use: First Use: Oct 31, 1962 First Use In Commerce: Oct 31,
`1962
`Seeds for agricultural purposes, namely, corn seed, field seed, grain seeds; soy-
`bean seed; agricultural seed
`Class 035. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`Wholesale and retail distributorships featuring agricultural products, materials
`and supplies to farmers; retail convenience store services; business consulting
`services in the agricultural field; agricultural cooperative services, namely, co-
`operative advertising and marketing services and distributorship services in the
`field of agricultural products, materials and supplies; Fuel management consult-
`ing services, namely, providing recommendations for fuel selection and usage
`Class 036. First use: First Use: May 31, 1966 First Use In Commerce: May 31,
`1966
`Financial services, namely, banking services
`Class 039. First use: First Use: Aug 31, 1958 First Use In Commerce: Aug 31,
`1958
`Grain storage; bulk transportation, storage and delivery of goods
`Class 042. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`Agricultural research; agricultural testing and analysis for determining soil nutri-
`ents and composition, soil sampling, crop mapping and crop observation
`Class 044. First use: First Use: Oct 31, 1955 First Use In Commerce: Oct 31,
`1955
`
`

`

`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`Agricultural consulting services; turf consulting services, namely, providing re-
`commendations for plant and soil nutrition supplements, providing advice on the
`selection and application of agricultural chemicals and seed, and providing ad-
`vice about application of agricultural chemicals and the use and application of
`crop protection products, agricultural chemicals and agricultural seed
`
`88241512
`
`Application date
`
`12/26/2018
`
`NONE
`
`FS
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Downloadable computer e-commerce software to allow users to perform elec-
`tronic business transactions via mobile devices and 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 applications to assist with product selection in the automotive, 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 the collection, edit-
`ing, organizing, modifying, transmission, storage and sharing of data and inform-
`ation; downloadable computer software, namely, electronic financial software
`that accommodates multiple types 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-
`cording field and crop observations related to pest pressure, tracking field condi-
`tions with 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 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 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,
`
`

`

`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`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 the fields of agriculture, agronomy, automotive,
`energy, horticulture, and industrial equipment
`
`88241514
`
`Application date
`
`12/26/2018
`
`NONE
`
`FS
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Class 042. First use: First Use: None First Use In Commerce: None
`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 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 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 of computer 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 providing receipts 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 payment and debt transactions in an integrated mo-
`bile 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
`industrial equipment; 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 crop scouting reports; providing temporary use of non-downloadable
`software that provides business management intelligence by combining informa-
`tion from various databases and presenting it in an easy-to-understand user in-
`terface; providing temporary use of non-downloadable software 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; 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 agricultural fertilizer 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 agricultural research 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; providing an 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 fields of
`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, crop ob-
`serving, genetics, plant varieties, seeds, farming practices, harvesting, chem-
`istry, crop production, crop costs, and crop health; providing non-downloadable
`software applications featuring technology enabling users to access, plan, and
`manage information for use in the fields of agriculture, agronomy, automotive,
`energy, horticulture, and industrial equipment; providing technological and sci-
`entific information about agricultural fertilizer and nutrient monitoring and man-
`agement; providing technological and scientific information about inventorying,
`tracking, and verifying plant-available nitrogen in soil; providing technological
`and scientific information about nitrogen monitoring and management in soil;
`providing temporary use of non-downloadable computer software for use in issu-
`ing and providing receipts for others for electronic payments and payment trans-
`actions; providing temporary use of non-downloadable computer software that
`enables consumers and businesses to perform electronic payment transactions
`through the use of their electronic signature, personal identification number
`
`

`

`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`(PIN), name, or photo; providing temporary use of on-line non-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 collecting,
`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 and
`transformation 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 use of non-downloadable virtual reality training simulation software in the
`field of controlling agriculture and farm equipment and vehicles
`
`88688731
`
`Application date
`
`11/12/2019
`
`NONE
`
`FS
`
`Foreign priority
`date
`
`NONE
`
`The mark consists of the capital letter "F" to the left and slightly lower than the
`capital letter "S", both surrounded by a slanted rectangular border.
`Class 009. First use: First Use: None First Use In Commerce: None
`Downloadable computer e-commerce software to allow users to perform elec-
`tronic business transactions via mobile devices and 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 applications to assist with product selection in the automotive, 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 the collection, edit-
`ing, organizing, modifying, transmission, storage and sharing of data and inform-
`ation; Downloadable computer software, namely, electronic financial software
`that accommodates multiple types 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-
`
`

`

`cording field and crop observations related to pest pressure, tracking field condi-
`tions with 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 hardware and software for use in data collection, aggregation, ana-
`lysis, georeferencing, management, reporting, warehousing, employment re-
`cruiting, financial analysis, event logistics, order entry, payments, product selec-
`tion 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; Downloadable software applications
`for use with mobile phones, tablet computers, mobile telecommunication
`devices, and personal computers, namely, software for assisting agricultural pro-
`fessionals 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 in-
`formation for use in the fields of agriculture, agronomy, automotive, energy, hor-
`ticulture, and industrial equipment; Downloadable mobile software for obtaining
`information, posting resumes, and submitting applications in the fields of em-
`ployment, careers, employment opportunities, career placement, recruitment,
`job listings, personal issues related to careers and work life, job resources,
`salary information, and compensation and benefits; Downloadable electronic
`publications in the nature of journals, newsletters, and catalogs in the fields of
`agriculture, agronomy, automotive, business, energy, finance, horticulture, and
`industrial equipment
`
`88691069
`
`Application date
`
`11/13/2019
`
`NONE
`
`FS
`
`Foreign priority
`date
`
`NONE
`
`The mark consists of the capital letter "F" to the left and slightly below the capital
`letter "S", both surrounded by a slanted rectangular border.
`Class 042. First use: First Use: None First Use In Commerce: None
`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 featuring software for
`use in farm information management to provide statistics and graphical analysis
`
`U.S. application
`no.
`Registration date
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`

`

`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 purpose 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 of computer 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 providing receipts
`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 payment and 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
`industrial equipment; 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 crop scouting reports; Providing temporary use of non-downloadable
`software that provides business management intelligence by combining informa-
`tion from various databases and presenting it in an easy-to-understand user in-
`terface; Providing temporary use of non-downloadable software 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; 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 agricultural fertilizer 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 agricultural research 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, a