Statement of Use

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1553 (Rev 09/2005)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1553 (Rev 09/2005)

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: SCOTTS (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/85849756/large)
SERIAL NUMBER: 85849756
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
      937-578-1347
      937-644-7568
      XXXX (not authorized)
is submitting the following allegation of use information:

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

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 website displaying the mark on goods for sale in commerce.

Original PDF file:
SPN0-2041151995-20160803140549545623_._SCOTTS_hose_Cl_6.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 009:
Current identification: Watering timers

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


For International Class 011:
Current identification: Spigots

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


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

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: lawn sprinklers

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: Hose nozzles, sprayer wands for garden hoses
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 website displaying the mark on goods for sale in commerce.

Original PDF file:
SPN3-2041151995-20160803140549545623_._SCOTTS_nozzle_Cl21.pdf
Converted PDF file(s) (1 page)
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: 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 (Class 006); Hose nozzles, sprayer wands for garden hoses (Class 021)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: Watering timers (Class 009); Spigots (Class 011)
MISCELLANEOUS STATEMENTS
The applicant is requesting to divide this application and specifies the following: The following classes are now in use in commerce: Class 06 - "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". Class 21 - "Hose nozzles, sprayer wands for garden hoses". The goods "lawn sprinklers" should be permanently deleted from the description. The appropriate date(s) of first use and specimens are being submitted in an Amendment to Allege Use. The following classes remain under the Section 1(b), intent to use basis: Class 09 - "Watering timers". Class 11 - "Spigots". The Applicant requests that Classes 06 and 21, 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 $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.

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. §1051(c) or a statement of use under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; the mark is in use in commerce; for a trademark or service mark application, the applicant 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; for a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, 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/collective membership organization 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. §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: 08/04/2016
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
Signatory's Phone: 3103003050

Request to Divide Signature


Signature: /karen k hammond/    Date: 08/04/2016
Signatory's Name: Karen K. Hammond
Signatory's Position: Attorney of Record, Ohio bar member


RAM Sale Number: 85849756
RAM Accounting Date: 08/04/2016

Serial Number: 85849756
Internet Transmission Date: Thu Aug 04 10:56:10 EDT 2016
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.X-2016080410561026
9527-85849756-550142b9607074a7ddc2cf1b11
7b97242829cbc12f2a2c74a04736444d6229d4-D
A-10399-20160803140549545623