Statement of Use

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 Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: MIRACLE-GRO (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85907231)
SERIAL NUMBER: 85907231
An Extension of Time form is being filed with the Allegation of Use.



The applicant, OMS Investments, Inc., having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
is submitting the following allegation of use information:

For International Class 011:
Current identification: Gardening appliance systems for hydroponic, aeroponic, agricultural, and horticultural propagation systems for use in growing plants, namely, gardening irrigation systems comprising environmentally controlled chambers capable of providing water, plant nutrients, and light

This allegation of use does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class; these goods/services are either being permanently deleted or included in a Request to Divide: aeroponic, agricultural

The mark is in use in commerce on or in connection with the following goods/services listed in either the application or Notice of Allowance or as subsequently modified for this specific class: Gardening appliance systems for hydroponic and horticultural propagation systems for use in growing plants, namely, gardening irrigation systems comprising environmentally controlled chambers capable of providing water, plant nutrients, and light
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/00/2013, and first used in commerce at least as early as 10/00/2013, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) photographs of product displaying the mark.
Specimen File1
Specimen File2


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: Gardening appliance systems for hydroponic and horticultural propagation systems for use in growing plants, namely, gardening irrigation systems comprising environmentally controlled chambers capable of providing water, plant nutrients, and light
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Gardening appliance systems for aeroponic propagation systems for use in growing plants, namely, gardening irrigation systems comprising environmentally controlled chambers capable of providing water, plant nutrients, and light
MISCELLANEOUS STATEMENTS
Free text not entered by the applicant.

Original PDF file:
MISC-2041151995-111715087_._Miracle_Gro_division_85907231.pdf
Converted PDF file(s) (1 page)
Miscellaneous File1

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

Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

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: 03/06/2014
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
Signatory's Phone: 3103003066

Request to Divide Signature


Signature: /LAR/    Date: 03/06/2014
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary

Signatory's Phone: 310.300.3066


RAM Sale Number: 85907231
RAM Accounting Date: 03/06/2014

Serial Number: 85907231
Internet Transmission Date: Thu Mar 06 13:15:48 EST 2014
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.X-2014030613154826
4793-85907231-500542dd3b9058c19f9f6e248f
34a576030459572cf648f1ccd6dc85531532138-
DA-13716-20140306111715087541