Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85169331

Filing Date: 11/04/2010

To the Commissioner for Trademarks:

MARK: VITA HUME (Standard Characters, see mark)
The literal element of the mark consists of VITA HUME.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, OMS Investments, Inc., a corporation of Delaware, having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
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, for the following:

       International Class 001:  Fertilizers, plant foods; plant growth regulatory preparations and substances, plant growth stimulants and enhancers; soil conditioners, soil amendments, soil additives, soil wetting agents; growing media for plants, garden soils, planting soils, potting mixes and soils, compost, humus, loam, manure and peat.
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)).


The applicant claims ownership of U.S. Registration Number(s) 1141937.

Applicant also claims ownership of United States Serial No. 77/442537

The applicant's current Attorney Information:
Susan E. Hollander, Esq. and Gail I. Nevius Abbas, Esq. of Manatt, Phelps & Phillips, LLP
      1001 Page Mill Road, Bldg. 2
      Palo Alto, California 94304
      United States
The attorney docket/reference number is 28405-052.

The applicant's current Correspondence Information:

Susan E. Hollander, Esq.

Manatt, Phelps & Phillips, LLP

1001 Page Mill Road, Bldg. 2

Palo Alto, California 94304

650-812-1300(phone)

650-213-0260(fax)

patrademarks@manatt.com (authorized)

A fee payment in the amount of $325 has been 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: /Gail I. Nevius Abbas/   Date Signed: 11/04/2010
Signatory's Name: Gail I. Nevius Abbas, Esq.
Signatory's Position: Attorney of record



RAM Sale Number: 2072
RAM Accounting Date: 11/05/2010

Serial Number: 85169331
Internet Transmission Date: Thu Nov 04 15:36:37 EDT 2010
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20101104153637022
580-85169331-4702099b7987781f1deb254ab86
d71f2fe-DA-2072-20101104142846904997