Extension of Time to File SOU

PTO Form 1581 (Rev 9/2005)

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

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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 (stylized and/or with design)
SERIAL NUMBER: 85849756

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 02/11/2014.

For International Class 006:
Current identification: Metal couplings for use with garden hose, metal hose fittings, water hose accessory in the nature of a plastic-coated steel cable having loops at each end that keeps a hose end straight when coupled to a spigot so as not to be damaged when the hose is stretched at a sharp angle

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.


For International Class 009:
Current identification: Watering timers

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.


For International Class 011:
Current identification: Spigots

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.


For International Class 017:
Current identification: Garden hoses, non-metal couplings for use with garden hoses, non-metal hose fittings

All ITU goods/services in this class are to be deleted or processed according to a separately filed Statement of Use and/or according to a request to divide.


For International Class 021:
Current identification: Hose nozzles, lawn sprinklers, sprayer wands for garden hoses

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.


The applicant has submitted a Request to Divide in paper or is filing a Request to Divide as part of the TEAS Allegation of Use form. This is the first extension request.

A Statement of Use has already been submitted or is being submitted along with the Extension request as evidence that applicant believes that it has made valid use of the mark in commerce.   If the USPTO finds the Statement of Use to be fatally defective, the applicant requests additional time to file an amended or substitute Statement of Use.



A fee payment in the amount of $600 will be submitted with the form, representing payment for 4 classes.


Declaration

STATEMENTS: The signatory believes that: the applicant has a continued bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified; and 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.

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 resulting registration, 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: 08/07/2014
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
Signatory's Phone: 3103003066

RAM Sale Number: 85849756
RAM Accounting Date: 08/07/2014

Serial Number: 85849756
Internet Transmission Date: Thu Aug 07 13:30:36 EDT 2014
TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.X-2014080713303646
2711-85849756-500d681c7e5d31a397b6750fed
bd4a038af153146ecebc25cc6244b4f27572f36-
DA-11978-20140806152454996020