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: 78465216
Filing Date: 08/10/2004

To the Commissioner for Trademarks:

MARK: (Standard Characters, see mark)

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The literal element of the mark consists of SCOTTS.

The applicant, OMS Investments, Inc., a corporation of Delaware, residing at Suite 2800, 10250 Constellation Place, 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

Applicant claims ownership of U.S. Registration Number(s) 1102463, 1761035, and 1761049.

The applicant hereby appoints Erin M. Clarke and Melville Owen, Gregory N. Owen, Noel M. Cook, Linda Joy Kattwinkel, J. Scott Gerien, Bonnie J. Barnish, and Lawrence G. Townsend of Owen Wickersham & Erickson, P.C., Suite 1910, 455 Market Street, San Francisco, CA, United States, 94105 to submit this application on behalf of the applicant. The attorney docket/reference number is SCOTT 00381.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: tmparalegal@owe.com.

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: /nam/   Date: 08/10/2004
Signatory's Name: Nicole A. McClelland
Signatory's Position: Assistant Treasurer


Mailing Address:
     Erin M. Clarke
     Suite 1910
     455 Market Street
     San Francisco, CA 94105

RAM Sale Number: 412
RAM Accounting Date: 08/11/2004

Serial Number: 78465216
Internet Transmission Date: Tue Aug 10 17:33:00 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2004081017330034048
0-78465216-200d542b416144bbc96c3f39a382e
c8cb-DA-412-20040810151802872501