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(Standard Characters, see http://tsdr.gov.uspto.report/img/85801175/large)
SERIAL NUMBER: 85801175
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 007:
Current identification: Powered lawn and garden tools and equipment, namely, lawn mowers, aerators, mulchers, dethatchers, chippers, spreaders, edgers, shears, blowers, trimmers, cultivators, pruners, hedge trimmers, chainsaws, tillers, saws, lawn rakers, composters, and snow plows

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


For International Class 008:
Current identification: Non-powered lawn and garden tools and equipment, namely, aerators, dethatchers, trimmers, spreaders, edgers, shears, cultivators, pruners, hedge trimmers, tillers, saws, shovels, loppers, rakes, garden scissors, spades, post hole diggers, augers, sod lifters, hoes, weeders, trowels, hori hori knives, hatchets, mauls, axes, snips, sharpeners, push reel mowers, transplanters, weeders, scoopers, spades, and bulb planters

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: Non-powered lawn and garden tools and equipment, namely aerators, dethatchers, trimmers, spreaders, edgers, tillers, shovels, rakes, spades, post hole diggers, augers, sod lifters, hoes, weeders, hatchets, mauls, axes, sharpeners, push reel mowers, spades, and bulb planters

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: Non-powered lawn and garden tools and equipment, namely shears, cultivators, pruners, hedge trimmers, saws, loppers, garden scissors, trowels, hori hori knives, snips, transplanters, weeders, scoopers
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/01/2014, and first used in commerce at least as early as 04/01/2014, 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) photograph of product displaying the mark.
Specimen File1


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: Non-powered lawn and garden tools and equipment, namely, shears, cultivators, pruners, hedge trimmers, saws, loppers, garden scissors, trowels, hori hori knives, snips, transplanters, weeders, scoopers (Class 008)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Powered lawn and garden tools and equipment, namely, lawn mowers, aerators, mulchers, dethatchers, chippers, spreaders, edgers, shears, blowers, trimmers, cultivators, pruners, hedge trimmers, chainsaws, tillers, saws, lawn rakers, composters, and snow plows (Class 007); Non-powered lawn and garden tools and equipment, namely, aerators, dethatchers, trimmers, spreaders, edgers, tillers, shovels, rakes, spades, post hole diggers, augers, sod lifters, hoes, weeders, hatchets, mauls, axes, sharpeners, push reel mowers, spades and bulb planters (Class 008)
MISCELLANEOUS STATEMENTS
The applicant is requesting to divide this application and specifies the following: The following goods in Class 8 are now in use in commerce: Class 8 - "Non-powered lawn and garden tools and equipment, namely, shears, cultivators, pruners, hedge trimmers, saws, loppers, garden scissors, trowels, hori hori knives, snips, transplanters, weeders, scoopers". The appropriate date(s) of first use and specimens are being submitted in an Amendment to Allege Use. The following goods in the indicated classes remain under the Section 1(b), intent to use basis: Class 7 - "Powered lawn and garden tools and equipment, namely, lawn mowers, aerators, mulchers, dethatchers, chippers, spreaders, edgers, shears, blowers, trimmers, cultivators, pruners, hedge trimmers, chainsaws, tillers, saws, lawn rakers, composters, and snow plows". Class 8 - "Non-powered lawn and garden tools and equipment, namely, aerators, dethatchers, trimmers, spreaders, edgers, tillers, shovels, rakes, spades, post hole diggers, augers, sod lifters, hoes, weeders, hatchets, mauls, axes, sharpeners, push reel mowers, spades and bulb planters". The Applicant requests that the goods indicated in Class 8 that are now based on use in commerce be divided from the original application and moved to registration at this time.


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

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: 02/19/2015
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
Signatory's Phone: 310.300.3066

Request to Divide Signature


Signature: /karen hammond/    Date: 02/19/2015
Signatory's Name: Karen Hammond
Signatory's Position: Attorney for Applicant

Signatory's Phone: 937-578-1347


RAM Sale Number: 85801175
RAM Accounting Date: 02/19/2015

Serial Number: 85801175
Internet Transmission Date: Thu Feb 19 11:03:12 EST 2015
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.X-2015021911031230
2587-85801175-53018d96840566f5499efd3443
655e47d7c6bbd6011182f3e16bb9d0c41797cf-D
A-19348-20150219081627300065