Statement of 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 Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: WATER SMART
SERIAL NUMBER: 77200788

This Allegation of Use is being filed after a Notice of Allowance has issued.
An Extension of Time form is being filed with the Allegation of Use.
A Request to Divide has been submitted in paper .

The applicant, OMS Investments, Inc., having an address of 10250 Constellation Blvd., Suite 2800, Los Angeles, California United States 90067, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 001:
Current identification: Fertilizers for domestic, agricultural and horticultural use; soil amendments, soil conditioners, and soil improving agents for domestic, agricultural and horticultural use; plant food; potting soil; planting soil; growing media for plants; humus; manure; peat; compost; and loam

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: ; soil amendments, soil conditioners, and soil improving agents for domestic, agricultural and horticultural use; plant food; potting soil; planting soil; growing media for plants; humus; manure; peat; compost; and loam.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: Fertilizers for domestic, agricultural and horticultural use. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/31/2008, and first used in commerce at least as early as 01/31/2008, 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. A REQUEST TO DIVIDE AND EXTENSION REQUEST HAVE BEEN FILED, AND THE GOODS ARE NOT BEING DELETED, BUT SIMPLY DIVIDED..
Specimen File1

The applicant hereby appoints Susan E. Hollander, Esq. and Gail I. Nevius Abbas, Esq. and Christine M. Klenk, Esq. of  MANATT, PHELPS & PHILLIPS, LLP, 1001 Page Mill Road, Building 2, PALO ALTO, California United States 94304-1008 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 28405-041.

A fee payment in the amount of $100 will be submitted with the form, representing payment 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: 06/16/2008
Signatory's Name: Gail I. Nevius Abbas, Esq.
Signatory's Position: Attorney for Applicant

Mailing Address:
   MANATT, PHELPS & PHILLIPS, LLP
   
   1001 PAGE MILL RD BLDG 2
   PALO ALTO, California 94304-1008

Mailing Address:
   MANATT, PHELPS & PHILLIPS, LLP
   
   1001 Page Mill Road, Building 2
   PALO ALTO, California 94304-1008

RAM Sale Number: 2803
RAM Accounting Date: 06/17/2008

Serial Number: 77200788
Internet Transmission Date: Mon Jun 16 17:39:22 EDT 2008
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20080616173922401
203-77200788-4007995643b71f5146541b064d2
71be1c-DA-2803-20080616162934519972