Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number: 86013608

Filing Date: 07/18/2013

To the Commissioner for Trademarks:

MARK: SCOTTS (stylized and/or with design, see mark)

The literal element of the mark consists of SCOTTS.
The color(s) green and white is/are claimed as a feature of the mark. The mark consists of the wording "scotts" in white on a solid green oval background outlined in white.
The applicant, OMS Investments, Inc., a corporation of Delaware, having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States


requests registration of the trademark/service mark identified above 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, for the following:

       International Class 007:  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, carts, and snow plows
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

       International Class 008:  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
Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).



The applicant's current Attorney Information:
      Karen K. Hammond and Carly Fraker of OMS Investments, Inc.
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
The attorney docket/reference number is 13-000634.

The applicant's current Correspondence Information:

Karen K. Hammond

OMS Investments, Inc.

10250 Constellation Blvd., Suite 2800

Los Angeles, California 90067

937-578-1347(phone)

937-644-1568(fax)

trademarks@scotts.com (authorized)

A fee payment in the amount of $650 has been submitted with the application, representing payment for 2 class(es).

Declaration

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, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; 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.

Declaration Signature

Signature: /lar/   Date: 07/18/2013
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
RAM Sale Number: 86013608
RAM Accounting Date: 07/18/2013

Serial Number: 86013608
Internet Transmission Date: Thu Jul 18 12:07:35 EDT 2013
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2013071812073524
5599-86013608-500e16525b652adb4f7856a661
e30a08b51662adeddf2d632b7e3601181cc5b149
7-DA-10261-20130717110806706531