Application

PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

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PTO Form 1478 (Rev 6/2005)

OMB No. 0651-0009 (Exp xx/xx/xxxx)

Trademark/Service Mark Application, Principal Register

Serial Number: 78464646
Filing Date: 08/09/2004

To the Commissioner for Trademarks:

MARK: MIRACLE-GRO LOGO II (stylized and/or with design, see mark)

The literal element of the mark consists of MIRACLE-GRO LOGO II.

The mark consists of the words MIRACLE-GRO in special form within a circle and an arbitrary logo.

The applicant, OMS Investments, Inc. , a corporation of Delaware, residing at 10250 Constellation Blvd., Suite 2800, Los Angeles, CA, United States, 90067, requests registration of the trademark/service mark identified above 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.

Intent to Use: The applicant has a 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 identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 009: Work gloves
       International Class 021: Gardening gloves and gloves for handling chemicals

The applicant hereby appoints Lawrence E. Abelman and Jeffrey A. Schwab, Victor M. Tannenbaum of Abelman, Frayne & Schwab, 150 East 42nd Street, New York, NY, United States, 10017-5612 to submit this application on behalf of the applicant. The attorney docket/reference number is 870172.

A fee payment in the amount of $670 will be submitted with the application, representing payment for 2 class(es).

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, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; 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: /LEA/   Date: 08/09/2004
Signatory's Name: Lawrence E. Abelman
Signatory's Position: Attorney for Applicant


Mailing Address:
     Lawrence E. Abelman
     150 East 42nd Street
     New York, NY 10017-5612

RAM Sale Number: 633
RAM Accounting Date: 08/10/2004

Serial Number: 78464646
Internet Transmission Date: Mon Aug 09 20:21:26 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20040809202126347654
-78464646-2009db06f5664f2ff855fed702ce89
1347d-DA-633-20040809201834550072