TEAS RF New Application

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

---

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86539291

Filing Date: 02/19/2015

To the Commissioner for Trademarks:

MARK: MIRACLE-GRO (stylized and/or with design, see mark)

The literal element of the mark consists of MIRACLE-GRO.
The applicant is not claiming color as a feature of the mark. The mark consists of "MIRACLE-GRO" across the front of a round circle with a 3 leaf flower over the "I" and a hyphen between the "E" and "G" in "MIRACLE-GRO".
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 012:  Carts for gardening tools; carts for garden hoses; wheelbarrows; hand trucks
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 020:  Non-metal rain barrels; plant stands
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:  Raised garden beds, namely, raised containers for planting contained gardens; compost bins
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:  Bulbs
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 MG12202131.

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) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $1100 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: 02/19/2015
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
RAM Sale Number: 86539291
RAM Accounting Date: 02/19/2015

Serial Number: 86539291
Internet Transmission Date: Thu Feb 19 10:55:35 EST 2015
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2015021910553508
3650-86539291-5305e26c067dfb4855824c965f
489b19ac9a868d8e315f974228ce3edccfea3d14
f-DA-19270-20150218153659044434