Amendment to Allege Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))

To the Commissioner for Trademarks:

MARK: TAKES THE GUESSWORK OUT OF WATERING!
SERIAL NUMBER: 77545441

The applicant, OMS Investments, Inc., having an address of
      10250 Constellation Blvd., Suite 200
      Los Angeles, California 90067
      United States
is submitting the following allegation of use information:

For International Class 001:
Current identification: potting soil, growing media for plants for domestic use

The mark is in use in commerce on or in connection with all goods or services listed in the application or Notice of Allowance or as subsequently modified for this specific class

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/31/2002, and first used in commerce at least as early as 01/31/2002, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photocopy of a photograph of a product package.
Specimen File-1

The applicant is not filing a Request to Divide with this Allegation of Use form. The applicant(s) hereby appoint(s) Susan E. Hollander, Esq. and Gail I. Nevius Abbas, Esq. of  MANATT, PHELPS & PHILLIPS, LLP

      1001 PAGE MILL ROAD, BUILDING 2
      PALO ALTO, California 94304
      United States
to submit this Trademark/Service Mark Amendment to Allege Use on behalf of the applicant. The attorney docket/reference number is 28405-045-155.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /Gail I. Nevius Abbas/      Date Signed: 03/23/2009
Signatory's Name: Gail I. Nevius Abbas, Esq.
Signatory's Position: Attorney for Applicant

Mailing Address:
   MANATT, PHELPS & PHILLIPS, LLP
   
   1001 PAGE MILL ROAD, BUILDING 2
   PALO ALTO, California 94304

Mailing Address:
   MANATT, PHELPS & PHILLIPS, LLP
   
   1001 PAGE MILL ROAD, BUILDING 2
   PALO ALTO, California 94304

RAM Sale Number: 6732
RAM Accounting Date: 03/24/2009

Serial Number: 77545441
Internet Transmission Date: Mon Mar 23 18:51:55 EDT 2009
TEAS Stamp: USPTO/AAU-XX.XX.XXX.XX-20090323185155131
830-77545441-440b97e565dbc544e86e8a027ed
b27a892b-DA-6732-20090323171615183726