Statement of Use

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 1553 (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 1553 (Rev 09/2005)

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: MIRACLE-GRO (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86539291/large)
SERIAL NUMBER: 86539291
An Extension of Time form is being filed with the Allegation of Use.



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)
is submitting the following allegation of use information:

For International Class 012:
Current identification: Carts for gardening tools; carts for garden hoses; wheelbarrows; hand trucks

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 either being permanently deleted or included in a Request to Divide: ; carts for garden hoses; wheelbarrows; hand trucks

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: Carts for gardening tools
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/00/2016, and first used in commerce at least as early as 04/00/2016, 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) copies of pages from website displaying the mark on the product for sale in commerce.

Original PDF file:
SPN0-2041151995-20160809100420054262_._MG_Cart_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN0-2041151995-20160809100420054262_._MG_Cart_2.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 020:
Current identification: Non-metal rain barrels; plant stands

All ITU goods/services in this class are to be deleted or processed according to a request to divide.


For International Class 021:
Current identification: Raised garden beds, namely, raised containers for planting contained gardens; compost bins for household use

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 either being permanently deleted or included in a Request to Divide: Raised garden beds, namely, raised containers for planting contained gardens

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: Compost bins for household use
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 04/00/2016, and first used in commerce at least as early as 04/00/2016, 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) copies of pages from website displaying the mark on the product for sale in commerce.

Original PDF file:
SPN2-2041151995-20160809100420054262_._MG_Composter_1.pdf
Converted PDF file(s) (1 page)
Specimen File1
Original PDF file:
SPN2-2041151995-20160809100420054262_._MG_Composter_2.pdf
Converted PDF file(s) (1 page)
Specimen File1


For International Class 031:
Current identification: Flower bulbs; bulbs for horticultural purposes

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 08/00/2015, and first used in commerce at least as early as 08/00/2015, 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) copy of page from website displaying the mark on the product for sale in commerce.

Original PDF file:
SPN3-2041151995-20160809100420054262_._MG_Cl_31_bulb.pdf
Converted PDF file(s) (1 page)
Specimen File1


REQUEST TO DIVIDE
The applicant is requesting to divide the application and specifies the following:
The following good(s) or service(s) is/are now in use: Carts for gardening tools (Class 012); Compost bins for household use (Class 021); (Class 031)
The following good(s) or service(s) remain(s) under the Section 1(b), intent to use basis: (Class 020); Raised garden beds, namely, raised containers for planting contained gardens (Class 021)
MISCELLANEOUS STATEMENTS
The applicant is requesting to divide this application and specifies the following: The following classes are now in use in commerce: Class 12 - "Carts for gardening tools". The goods "carts for garden hoses; wheelbarrows; hand trucks" should be permanently deleted from the description. Class 21 - "Compost bins for household use". The goods "raised garden beds, namely, raised containers for planting contained gardens" will be divided from the description, and remain under Section 1(b). Class 31 - "Flower bulbs; bulbs for horticultural purposes". The appropriate date(s) of first use and specimens are being submitted in an Amendment to Allege Use. The following classes remain under the Section 1(b), intent to use basis: Class 20 - "Non-metal rain barrels; plant stands". Class 21 - "Raised garden beds, namely, raised containers for planting contained gardens". The Applicant requests that the goods in Classes 12, 21 and 31 shown above, now based on use in commerce, be divided from the original application and moved to registration at this time.


A fee payment in the amount of $300 will be submitted with the form, representing payment for the allegation of use for 3 classes.

A fee payment in the amount of $100 will be submitted with the form, representing payment for the request to divide fee.

A fee payment in the amount of $275 will be submitted with the form, representing payment for the new application fee for 1 class. submitted with the form, representing payment for the new application fee for 1 class.


Declaration

STATEMENTS: The signatory believes that: if the applicant is filing the amendment to allege use under 15 U.S.C. §1051(c) or a statement of use under 15 U.S.C. §1051(d), the applicant is the owner of the mark sought to be registered; the mark is in use in commerce; for a trademark or service mark application, the applicant 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; for a collective trademark, collective service mark, collective membership mark application, the applicant is exercising legitimate control over the use of the mark in commerce by members on or in connection with all the goods/services/collective membership organization in the application or notice of allowance, or as subsequently modified; for a certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce by authorized users on or in connection with the all goods/services in the application or notice of allowance, or as subsequently modified, and the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant; that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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; and the specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization 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. §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: 08/09/2016
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
Signatory's Phone: 3103003050

Request to Divide Signature


Signature: /karen k hammond/    Date: 08/09/2016
Signatory's Name: Karen K. Hammond
Signatory's Position: Attorney of Record, Ohio bar member


RAM Sale Number: 86539291
RAM Accounting Date: 08/09/2016

Serial Number: 86539291
Internet Transmission Date: Tue Aug 09 11:03:07 EDT 2016
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.X-2016080911030705
1478-86539291-55014433f2329c95545c534d21
bf60b6df9ed6fe65cc9f4428e645aa4b6ea355-D
A-9269-20160809100420054262