Extension of Time to File SOU

MIRACLE-GRO

OMS Investments, Inc.

Trademark/Service Extension of Time

PTO Form 1581 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 09/30/2011)

SOU Extension Request
(15 U.S.C. Section 1051(d))


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 77775762
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
OWNER SECTION (no change)
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 031
CURRENT IDENTIFICATION Flower, vegetable, plant and grass seeds for domestic and agricultural use
GOODS OR SERVICES DELETED FROM THE APPLICATION OR INCLUDED IN A SEPARATE STATEMENT OF USE OR REQUEST TO DIVIDE grass and agricultural
GOODS OR SERVICES FOR WHICH APPLICANT HAS A CONTINUED BONA FIDE INTENTION TO USE Flower, vegetable and plant seeds for domestic use
EXTENSION SECTION
EXTENSION NUMBER 3
ONGOING EFFORT The applicant believes that it has made a valid use of the mark in commerce, and is concurrently filing a Statement of Use, but if the USPTO finds the Statement of Use to be fatally defective, the applicant will need additional time to file a new Statement of Use.
ALLOWANCE MAIL DATE 01/19/2010
STATEMENT OF USE YES
PAYMENT SECTION
NUMBER OF CLASSES 1
SUBTOTAL AMOUNT 150
TOTAL AMOUNT 150
SIGNATURE SECTION
SIGNATURE /John Gary Maynard, III/
SIGNATORY'S NAME John Gary Maynard, III
SIGNATORY'S POSITION Attorney of Record-VA Bar Member
DATE SIGNED 07/15/2011
FILING INFORMATION
SUBMIT DATE Fri Jul 15 17:29:10 EDT 2011
TEAS STAMP USPTO/ESU-XXX.XXX.XXX.X-2
0110715172910551971-77775
762-480d9309a75df616ddfad
9ed2e4b90b2a1-DA-4046-201
10715171947814246



PTO Form 1581 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 09/30/2011)


SOU Extension Request
(15 U.S.C. Section 1051(d))


To the Commissioner for Trademarks:

MARK: MIRACLE-GRO
SERIAL NUMBER: 77775762

The applicant, OMS Investments, Inc., having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application.    The Notice of Allowance mailing date was 01/19/2010.

For International Class 031:
Current identification: Flower, vegetable, plant and grass seeds for domestic and agricultural use

This filing does NOT cover the following goods or services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods or services are either being permanently deleted or included in a separately filed Request to Divide: grass and agricultural

The applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the following goods or services listed in the Notice of Allowance or as subsequently modified for this specific class: Flower, vegetable and plant seeds for domestic use



This is the third extension request.   The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods and/or services covered by the extension request: The applicant believes that it has made a valid use of the mark in commerce, and is concurrently filing a Statement of Use, but if the USPTO finds the Statement of Use to be fatally defective, the applicant will need additional time to file a new Statement of Use.

A Statement of Use is being submitted along with the Extension request as evidence that applicant believes that it has made valid use of the mark in commerce.   If the USPTO finds the Statement of Use to be fatally defective, the applicant requests additional time to file an amended or substitute Statement of Use.


A fee payment in the amount of $150 will be submitted with the form, representing payment for 1 class.


Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; and that 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: /John Gary Maynard, III/      Date Signed: 07/15/2011
Signatory's Name: John Gary Maynard, III
Signatory's Position: Attorney of Record-VA Bar Member

RAM Sale Number: 4046
RAM Accounting Date: 07/18/2011

Serial Number: 77775762
Internet Transmission Date: Fri Jul 15 17:29:10 EDT 2011
TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.X-2011071517291055
1971-77775762-480d9309a75df616ddfad9ed2e
4b90b2a1-DA-4046-20110715171947814246



Extension of Time to File SOU [image/jpeg]


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