Request to Divide

PTO Form 1553 (Rev 9/2005)

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

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PTO Form 1553 (Rev 9/2005)

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

Trademark/Service Mark Request to Divide

To the Commissioner for Trademarks:

MARK: MIRACLE-GRO
SERIAL NUMBER: 85801175




REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Non-powered lawn and garden tools and equipment, namely, shears, cultivators, pruners, hedge trimmers, saws, loppers, garden scissors, trowels, hori hori knives, snips, transplanters, weeders, scoopers (Class 008)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Powered lawn and garden tools and equipment, namely, lawn mowers, aerators, mulchers, dethatchers, chippers, spreaders, edgers, shears, blowers, trimmers, cultivators, pruners, hedge trimmers, chainsaws, tillers, saws, lawn rakers, composters, and snow plows (Class 007); Non-powered lawn and garden tools and equipment, namely, aerators, dethatchers, trimmers, spreaders, edgers, tillers, shovels, rakes, spades, post hole diggers, augers, sod lifters, hoes, weeders, hatchets, mauls, axes, sharpeners, push reel mowers, spades and bulb planters (Class 008)



A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $325 will be submitted with the form, representing payment for the new application fee for 1 class.


Declaration


STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. Section 1051(c) or a statement of use under 15 U.S.C. Section 1051(d), the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or in connection with all the goods/services in the application or notice of allowance, or as subsequently modified, and such use by the applicant's related company or licensee inures to the benefit of the applicant; that to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive; and the specimen(s) shows the mark as used on or in connection with the goods/services in commerce.

DECLARATION: The signatory being 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 the application or submission or any registration resulting therefrom, declares 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: 02/19/2015
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary

Request to Divide Signature:

Signature: /karen hammond/      Date Signed: 02/19/2015
Signatory's Name: Karen Hammond
Signatory's Position: Attorney for Applicant

Serial Number: 85801175
Internet Transmission Date: Thu Feb 19 11:03:12 EST 2015
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.X-2015021911031230
2587-85801175-53018d96840566f5499efd3443
655e47d7c6bbd6011182f3e16bb9d0c41797cf-D
A-19348-20150219081627300065