Extension of Time to File SOU

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 1581 (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 1581 (Rev 09/2005)

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 (stylized and/or with design)
SERIAL NUMBER: 86013608

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)
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, shears, cultivators, pruners, tillers, lawn rakers, composters, and snow plows

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.


For International Class 008:
Current identification: 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, weeders, scoopers, and bulb planters

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.


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


Declaration

STATEMENTS: The signatory believes that: the applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified, or, if applicable, 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 all the goods/services/collective membership organization under Section 1(b) in the notice of allowance or as subsequently modified; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, members and 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.

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 resulting registration, 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

RAM Sale Number: 86013608
RAM Accounting Date: 08/04/2016

Serial Number: 86013608
Internet Transmission Date: Thu Aug 04 10:58:57 EDT 2016
TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.X-2016080410585790
7452-86013608-5501e9ffa9fda34ec1dfa4c3c9
4aee5cbffe7187784f218e488bb2afdb2df312aa
7-DA-10439-20160803111921611467