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: SCOTTS (Stylized and/or with Design, see http://uspto.report/TM/86093762/mark.png)
SERIAL NUMBER: 86093762



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: spools of string for lawn and garden trimmers; replacement parts for chain saws, namely, chains, handles, and bars; powered lawn and garden tools, including grass and hedge trimmers, saws, blowers, edgers, and mowers

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 permanently deleted: and mowers

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: Spools of string for lawn and garden trimmers; replacement parts for chain saws, namely, chains, handles and bars; powered lawn and garden tools, including grass and hedge trimmers, saws, blowers, edgers
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


For International Class 009:
Current identification: batteries; battery chargers

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 04/01/2014, 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


For International Class 012:
Current identification: powered and non-powered lawn and garden tools, namely, wheelbarrows

All ITU goods/services in this class are to be deleted


The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $200 will be submitted with the form, representing payment for the allegation of use for 2 classes.


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

RAM Sale Number: 86093762
RAM Accounting Date: 02/19/2015

Serial Number: 86093762
Internet Transmission Date: Thu Feb 19 10:54:37 EST 2015
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.X-2015021910543706
0169-86093762-530b89877b38f498726ab93189
f9981fcc0e4aaaaa7d1edb6e775c86c1ff2482-D
A-19263-20150218152636191260