Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 85849810

Filing Date: 02/14/2013

To the Commissioner for Trademarks:

MARK: SCOTTS (stylized and/or with design, see mark)

The literal element of the mark consists of SCOTTS.
The color(s) green and white is/are claimed as a feature of the mark. The mark consists of the wording "scotts" in white on a solid green oval background outlined in white.
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:  Fertilizer, planting soil, lawn soil, plant food, growing media, soil conditioners, soil amendments

In International Class 001, the mark was first used by the applicant or the applicant's related company or licensee or predecessor in interest at least as early as 08/01/1928, and first used in commerce at least as early as 08/01/1928, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Photograph of the mark on the goods.
Specimen File1



The applicant claims ownership of U.S. Registration Number(s) 1761048, 1810759, 3346109, and others.

The applicant's current Attorney Information:
      John Gary Maynard, III and Stephen P. Demm, Douglas W. Kenyon and Elizabeth L. Brooks of Hunton & Williams LLP

      Riverfront Plaza - East Tower
      951 East Byrd Street
      Richmond, Virginia 23219-4074
      United States

The applicant's current Correspondence Information:

John Gary Maynard, III

Hunton & Williams LLP

Riverfront Plaza - East Tower       951 East Byrd Street

Richmond, Virginia 23219-4074

804-788-8772(phone)

804-344-7999(fax)

HWRITM@hunton.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.

Declaration 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
RAM Sale Number: 85849810
RAM Accounting Date: 02/14/2013

Serial Number: 85849810
Internet Transmission Date: Thu Feb 14 12:46:33 EST 2013
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2013021412463379
6437-85849810-50044a9a59f8a126574e970624
2c3d0b16d4ec371192cc3be2b1ef1fc8253b498c
-DA-12528-20130214123508308794