Preliminary Amendment

PTO Form 1966 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1966 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 07/31/2017)

Voluntary Amendment

To the Commissioner for Trademarks:

Application serial no. 85833647 MIRACLE-GRO(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85833647) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Plant supports and related accessories for lawn and garden use, namely, ties, tape, stakes, poles, hoops, rings, and twine; plant and saucers; animal decoys for garden use to deter and repel pests and other animals
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Plant supports and related accessories for lawn and garden use, namely, ties, tape, stakes, poles, hoops, rings, and twine; plant and saucers; plant containers and saucers; animal decoys for garden use to deter and repel pests and other animalsClass 021 for Plant supports and related accessories for lawn and garden use, namely, ties, tape, stakes, poles, hoops, rings, and twine; plant containers and saucers; animal decoys for garden use to deter and repel pests and other animals
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Voluntary Amendment Signature
Signature: /John Gary Maynard, III/     Date: 02/14/2013
Signatory's Name: John Gary Maynard, III
Signatory's Position: Attorney of Record - VA Bar Member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 85833647
Internet Transmission Date: Thu Feb 14 15:07:10 EST 2013
TEAS Stamp: USPTO/PRA-XXX.XXX.XXX.X-2013021415071043
5797-85833647-5008ef3b6d690401f409588cb5
851e3653e91d7fb16688eefa4cfc3f4456e082-N
/A-N/A-20130214150220545170