Amendment to Allege Use

SCOTTS

OMS Investments, Inc.

Trademark/Service Mark Amendment to Allege Use

PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)

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


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 78465216
LAW OFFICE ASSIGNED LAW OFFICE 111
NOTICE OF ALLOWANCE NO
EXTENSION OF USE NO
REQUEST TO DIVIDE NO
MARK SECTION
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT SCOTTS
OWNER SECTION (current)
NAME OMS Investments, Inc.
STREET Suite 2800 10250 Constellation Place
CITY Los Angeles
STATE California
ZIP/POSTAL CODE 90067
COUNTRY United States
OWNER SECTION (proposed)
NAME OMS Investments, Inc.
INTERNAL ADDRESS Suite 2800
STREET 10250 Constellation Blvd.
CITY Los Angeles
STATE California
ZIP/POSTAL CODE 90067
COUNTRY United States
EMAIL XXXX
ATTORNEY SECTION (no change)
GOODS AND/OR SERVICES SECTION
INTERNATIONAL CLASS 009
GOODS AND/OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 04/08/2005
FIRST USE IN COMMERCE DATE 04/08/2005
SPECIMEN FILE NAME(S) \\TICRS\EXPORT10\IMAGEOUT10\784\652\78465216\xml2\AAU0002.JPG
SPECIMEN DESCRIPTION hang tag
INTERNATIONAL CLASS 021
GOODS AND/OR SERVICES KEEP ALL LISTED
FIRST USE ANYWHERE DATE 04/08/2005
FIRST USE IN COMMERCE DATE 04/08/2005
SPECIMEN FILE NAME(S) \\TICRS\EXPORT10\IMAGEOUT10\784\652\78465216\xml2\AAU0003.JPG
SPECIMEN DESCRIPTION hang tag
PAYMENT SECTION
NUMBER OF CLASSES 2
SUBTOTAL AMOUNT 200
TOTAL AMOUNT 200
SIGNATURE SECTION
SIGNATURE /nam/
SIGNATORY NAME Nicole A. McClelland
SIGNATORY DATE 06/07/2005
SIGNATORY POSITION Assistant Treasurer
FILING INFORMATION
SUBMIT DATE Tue Jun 07 13:26:55 EDT 2005
TEAS STAMP USPTO/AAU-XX.XXX.XXX.XX-2
0050607132655479975-78465
216-250acfc1c9c9739b55418
2c88e3eb335f5-DA-1454-200
50606124849012954



PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 11/30/2008)


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


To the Commissioner for Trademarks:

MARK: SCOTTS
SERIAL NUMBER: 78465216

The applicant, OMS Investments, Inc., having an address of Suite 2800, 10250 Constellation Blvd., 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: 009, 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.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/08/2005, and first used in commerce at least as early as 04/08/2005, 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) hang tag.
Specimen-1

For International Class: 021, 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.
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/08/2005, and first used in commerce at least as early as 04/08/2005, 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) hang tag.
Specimen-1

The applicant hereby appoints Erin M. Clarke to submit this Trademark/Service Mark Amendment to Allege Use on behalf of the applicant. The attorney docket/reference number is SCOTT 00381.

A fee payment in the amount of $200 will be submitted with the form, representing payment for 2 classes.


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: /nam/      Date Signed: 06/07/2005
Signatory's Name: Nicole A. McClelland
Signatory's Position: Assistant Treasurer

RAM Sale Number: 1454
RAM Accounting Date: 06/07/2005

Serial Number: 78465216
Internet Transmission Date: Tue Jun 07 13:26:55 EDT 2005
TEAS Stamp: USPTO/AAU-XX.XXX.XXX.XX-2005060713265547
9975-78465216-250acfc1c9c9739b554182c88e
3eb335f5-DA-1454-20050606124849012954


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