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: 78782928
Filing Date: 12/30/2005

To the Commissioner for Trademarks:

MARK: MIRACLE-GRO ORGANIC CHOICE (stylized and/or with design, see mark)

The literal element of the mark consists of MIRACLE-GRO ORGANIC CHOICE.

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

The applicant, or the applicant's related company or licensee, is using the mark in commerce, and lists below the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

      International Class 001: Fertilizers for domestic use, potting soil, blood meal, and bone meal.

In International Class 001, the mark was first used at least as early as 03/31/2003, and first used in commerce at least as early as 03/31/2003, and is now in use in such commerce. The applicant is submitting or will submit one specimen for each class showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Package for the product.

      Specimen - 1

Applicant claims ownership of U.S. Registration Number(s) 1223038, 2978064, 2820953, and others.

The applicant hereby appoints Susan E. Hollander, Esq. and Paul E. Thomas, Esq., and Gail I. Nevius Abbas, Esq. of Manatt, Phelps & Phillips, LLP, 1001 Page Mill Road, Bldg. 2, Palo Alto, California, United States, 94304 to submit this application on behalf of the applicant. The attorney docket/reference number is 28405.

The USPTO is authorized to communicate with the applicant or its representative at the following email address: patrademarks@manatt.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:
Signatory's Name: Paul E. Thomas
Signatory's Position: Attorney for Applicant

Signatory's Signature: Signature

Mailing Address:
     Susan E. Hollander, Esq.
     1001 Page Mill Road, Bldg. 2
     Palo Alto, California 94304

RAM Sale Number: 873
RAM Accounting Date: 12/30/2005

Serial Number: 78782928
Internet Transmission Date: Fri Dec 30 13:19:36 EST 2005
TEAS Stamp: USPTO/BAS-XXXXXXXXX-20051230131936371540
-78782928-2008ef8cefafd36dda747f4af177e9
bd1c1-DA-873-20051230130643507726