Application

PTO Form 1478 (Rev 6/2005)

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

---

PTO Form 1478 (Rev 6/2005)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 78481909
Filing Date: 09/10/2004

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 SIMPLY EFFECTIVE.

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 005: turf algaecide, turf fungicide and turf pesticide for agricultural and domestic use; insecticides, pesticides, fungicides, herbicides, rodenticides, miticides, parasiticides for domestic use; biological insect spray concentrate for outdoor home and garden use; soil fungicides, dry granular herbicides sold to professional nurseries and lawn care services and used in connection with turf and ornamental plantings; animal repellents, insect repellents, insect repellent in topical form, fire ant bait, fire ant granules, fire ant killers for domestic use; herbicides mixed with fertilizers for domestic use; pesticide, namely slug and snail bait for domestic use

The applicant hereby appoints Cory M. Amron, Esq. and Reid M. Wilson, Esq. and Richard S. Donnell, Esq. and Ronald E. Shapiro, Esq. of Vorys, Sater, Seymour and Pease LLP, 1828 L Street, N.W., 11th Floor, Washington, DC, United States, 20036-5109 to submit this application on behalf of the applicant.

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

A fee payment in the amount of $335 will be submitted with the application, representing payment for 1 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: 09/10/2004
Signatory's Name: Niclole A. McClelland
Signatory's Position: Assistant Treasurer


Mailing Address:
     Cory M. Amron, Esq.
     1828 L Street, N.W., 11th Floor
     Washington, DC 20036-5109

RAM Sale Number: 409
RAM Accounting Date: 09/13/2004

Serial Number: 78481909
Internet Transmission Date: Fri Sep 10 18:08:26 EDT 2004
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2004091018082676853
7-78481909-200177dd36544c2547ab572e1bbe5
c66ad-DA-409-20040910174658178273