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: 78679032
Filing Date: 07/26/2005

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 TURF BUILDER.

The applicant, OMS Investments, Inc., a corporation of Delaware, residing at Suite 2800, 10250 Constellation Blvd., Los Angeles, California, 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 007: SPREADERS

Applicant is the owner of U.S. Trademark Serial No. 76/156588. Applicant does not expect this information to appear on the certificate of registration. It is provided for the examiner's review.

The applicant hereby appoints Erin M. Clarke and Melville Owen, Gregory N. Owen, Noel M. Cook, Linda Joy Kattwinkel and Lawrence G. Townsend of Owen Wickersham & Erickson, P.C., Suite 1910, 455 Market Street, San Francisco, California, United States, 94105 to submit this application on behalf of the applicant. The attorney docket/reference number is SCOTT 00176.

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 $325 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: 07/20/2005
Signatory's Name: Nicole A. McClelland
Signatory's Position: Assistant Treasurer


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

RAM Sale Number: 716
RAM Accounting Date: 07/27/2005

Serial Number: 78679032
Internet Transmission Date: Tue Jul 26 18:56:38 EDT 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXXX-2005072618563858777
4-78679032-200e24ed0482312317d67bf61e668
c7d10-DA-716-20050719192344988483