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: 86281865

Filing Date: 05/15/2014

To the Commissioner for Trademarks:

MARK: FUNDAMENTALS (Standard Characters, see mark)
The literal element of the mark consists of FUNDAMENTALS.
The mark consists of standard characters, without claim to any particular font, style, size, or color.

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 001:  fertilizer; plant food; growing media for plants; plant growth regulatory preparations and substances; plant growth stimulators and enhancers; soil conditioners; soil amendments; soil wetting agents; garden soils; planting soils; potting mixes; top soil; coir; humus; peat; leaf shine
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 005:  herbicides; pesticides; insecticides; parasiticides; fungicides; rodenticides; miticides; animal repellents; insect repellents; insect baits in the nature of insecticides for pest control purposes
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 021:  bait stations sold empty for feeding rodenticides to rodents, moles, mice and rats; bait stations with baits sold as an integral component for feeding rodenticides to rodents, moles, mice and rats; rodent, mole, mice and rat traps; applicator bottles for use in watering and/or applying fertilizers, plant food, herbicides, pesticides and insecticides
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 031:  mulch; compost; grass seed; flower seed; live plants; seeds for planting; peat moss
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 14-000302.

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)

937-644-7568(fax)

trademarks@scotts.com (authorized)

A fee payment in the amount of $1300 has been submitted with the application, representing payment for 4 class(es).

Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), 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 the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; 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 goods/services in the application. The signatory believes 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. 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 any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /lar/   Date: 05/15/2014
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
RAM Sale Number: 86281865
RAM Accounting Date: 05/15/2014

Serial Number: 86281865
Internet Transmission Date: Thu May 15 10:44:01 EDT 2014
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2014051510440155
2115-86281865-500ae825ac086c45f85da5d426
c4ad81458fc3af6ddbab3e9b857782bef544d8-D
A-7230-20140515083455326997