Extension of Time to File SOU

PTO Form 1581 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

---

PTO Form 1581 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 10/31/2017)

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: SCOTTS
SERIAL NUMBER: 85389683

The applicant, OMS Investments, Inc., having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application.    The Notice of Allowance mailing date was 02/28/2012.

For International Class 022:
Current identification: Burlap for use in retaining soil moisture and for controlling soil erosion; burlap for aiding in the growth of seeds, plants and flowers; landscape netting for use in gardens and for seed, plant and flower protection; protective landscape netting for use in gardens to deter wildlife

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class.


This is the third extension request. The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or development

The applicant's current Correspondence Information: JOHN GARY MAYNARD, III of  HUNTON & WILLIAMS LLP
      951 E BYRD ST STE 200
      RICHMOND, Virginia (VA) 23219-4074
      United States (USX)
The docket/reference number is 77730.2.
The applicant's proposed Correspondence Information: JOHN GARY MAYNARD, III of  OMS Investments, Inc.
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California (CA) 90067
      United States (USX)
The docket/reference number is 11-0503.

The phone number is 937-578-1347.

The fax number is 937-644-1578.

The email address is trademarks@scotts.com.


A fee payment in the amount of $150 will be submitted with the form, representing payment for 1 class.


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 may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered; 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: /LAR/      Date Signed: 08/15/2013
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
Signatory's Phone: 3103003066

RAM Sale Number: 85389683
RAM Accounting Date: 08/16/2013

Serial Number: 85389683
Internet Transmission Date: Thu Aug 15 14:37:06 EDT 2013
TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.X-2013081514370698
9153-85389683-500d020d29d3637e12a17e1955
4b544e1ed9209545d9dea2887588ff769a6f3db7
-DA-853-20130815082448527530