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: GRAYHAWK
SERIAL NUMBER: 78634305

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.

The applicant, SMG BRANDS, INC., having an address of 1105 N Market Street, Suite 1300, Wilmington, Delaware United States 19801, 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 031:
Current identification: grass seed

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 or as subsequently modified.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 09/09/2005, and first used in commerce at least as early as 09/09/2005, 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) photocopy of a product packaging label noting the mark GRAY HAWK as used in commerce.
Specimen File1

The applicant hereby appoints Susan E. Hollander, Esq., Gail E. Nevius Abbas, Esq. and Paul E. Thomas, Esq. of  MANATT, PHELPS & PHILLIPS, LLP, 1001 Page Mill Road, Building 2, Palo Alto, California United States 94304 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 29019-030-024.

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: 10/02/2007
Signatory's Name: Gail I. Nevius Abbas, Esq.
Signatory's Position: Attorney at Law

Mailing Address:
   MANATT, PHELPS & PHILLIPS, LLP
   
   1001 Page Mill Road, Building 2
   Palo Alto, California 94304

Mailing Address:
   MANATT, PHELPS & PHILLIPS, LLP
   
   1001 Page Mill Road, Building 2
   Palo Alto, California 94304

RAM Sale Number: 6270
RAM Accounting Date: 10/02/2007

Serial Number: 78634305
Internet Transmission Date: Tue Oct 02 13:00:41 EDT 2007
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XX-20071002130041969
648-78634305-400a988bce2c784da7eeeb98bf3
bf353b0-DA-6270-20071002125656796224