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://tsdr.gov.uspto.report/img/85833618/large)
SERIAL NUMBER: 85833618
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 009:
Current identification: Watering accessories, namely, watering timers

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 017:
Current identification: Garden hoses

The mark is in use in commerce on or in connection with all of the goods/services, or to indicate membership in the collective organization listed in the application or Notice of Allowance or as subsequently modified for this specific class.

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/00/2014, and first used in commerce at least as early as 04/00/2014, 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) page from retailer website displaying the mark in use on the goods.
Specimen File1


For International Class 021:
Current identification: Watering accessories, namely, hose nozzles, grass and lawn sprinklers, sprayer wands for garden hoses, and replacement parts and fittings therefor, in the nature of couplings and fittings, and spigot extension products

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


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: Class 017
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Class 009, Class 021

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.


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

Request to Divide Signature


Signature: /lar/    Date: 08/07/2014
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary

Signatory's Phone: 310.300.3066


RAM Sale Number: 85833618
RAM Accounting Date: 08/07/2014

Serial Number: 85833618
Internet Transmission Date: Thu Aug 07 13:33:28 EDT 2014
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.X-2014080713332848
2431-85833618-5005b1b417875bc863eb7f5362
56887d7ca50fb363798fff8328c416225cc265-D
A-12009-20140806153723701960