Extension of Time to File SOU

PTO Form 1581 (Rev 9/2005)

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

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PTO Form 1581 (Rev 9/2005)

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

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: SCOTTS
SERIAL NUMBER: 86013605

The applicant, OMS Investments, Inc., having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application.    The Notice of Allowance mailing date was 02/25/2014.

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

This filing does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified; these goods/services are either being permanently deleted or included in a separately filed Statement of Use with a Request to Divide: edgers, blowers, trimmers, hedge trimmers, chainsaws, saws

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class: Powered lawn and garden tools and equipment, namely, lawn mowers, aerators, mulchers, dethatchers, chippers, spreaders, shears, cultivators, pruners, tillers, lawn rakers, composters and snow plows

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, transplanters, weeders, scoopers, and bulb planters

This filing does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified; these goods/services are either being permanently deleted or included in a separately filed Statement of Use with a Request to Divide: spreaders, shears, cultivators, pruners, hedge trimmers, saws, loppers, garden scissors, hori hori knives

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class: Non-powered lawn and garden tools and equipment, namely, aerators, dethatchers, trimmers, edgers, tillers, shovels, rakes, spades, post hole diggers, augers, sod lifters, hoes, weeders, trowels, hatchets, mauls, axes, snips, sharpeners, transplanters, scoopers, and bulb planters

The applicant has submitted a Request to Divide in paper or is filing a Request to Divide as part of the TEAS Allegation of Use form. This is the second extension request. The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or development

A Statement of Use has already been submitted or is being submitted along with the Extension request as evidence that applicant believes that it has made valid use of the mark in commerce.   If the USPTO finds the Statement of Use to be fatally defective, the applicant requests additional time to file an amended or substitute Statement of Use.



A fee payment in the amount of $300 will be submitted with the form, representing payment for 2 classes.


Declaration

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

RAM Sale Number: 86013605
RAM Accounting Date: 02/19/2015

Serial Number: 86013605
Internet Transmission Date: Thu Feb 19 10:52:04 EST 2015
TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.X-2015021910520430
1183-86013605-5309579393aeb64964cb9bebfb
0bac6899e415d8adc6264b11686e40b43a947f94
-DA-19242-20150219090404495941