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 12/31/2020)

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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 12/31/2020)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:
MARK: MIRACLE-GRO(Standard Characters, see http://uspto.report/TM/87126964/mark.png)
SERIAL NUMBER: 87126964



The applicant, OMS Investments, Inc., having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
      9375781561
      9376447568
      XXXX (authorized)
is submitting the following allegation of use information:

For International Class 008:
Current identification: Non-powered lawn and garden tools and equipment, namely, aerators, dethatchers, edgers, tillers, shovels, rakes, spades, hoes, hatchets, mauls, axes, sharpeners, and bulb planters

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: aerators, dethatchers, edgers, tillers, spades, hoes, hatchets, mauls, axes, sharpeners and bulb planters

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: Non-powered lawn and garden tools and equipment, namely, shovels, and rakes,
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 10/01/2019, and first used in commerce at least as early as 10/01/2019, 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) Photographs of product.
Specimen File1
Specimen File2


The applicant is not filing a Request to Divide with this Allegation of Use form.
The applicant's current attorney information: Robert Morgan. Robert Morgan of OMS Investments, Inc., is located at

      10250 Constellation Blvd Ste 2800
      Los Angeles, California 90067-6244
      United States

The phone number is 9375781561.

The fax number is 9376447568.

The email address is trademarks@scotts.com

The applicants proposed attorney information: Robert Morgan. Robert Morgan of OMS Investments, Inc., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      10250 Constellation Blvd Ste 2800
      Los Angeles, California 90067-6244
      United States

The phone number is 9375781561.

The fax number is 9376447568.

The email address is trademarks@scotts.com

Robert Morgan submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: Robert Morgan. Robert Morgan of OMS Investments, Inc., is located at

      10250 Constellation Blvd Ste 2800
      Los Angeles, California 90067-6244
      United States

The phone number is 9375781561.

The fax number is 9376447568.

The email address is trademarks@scotts.com

The applicants proposed correspondence information: Robert Morgan. Robert Morgan of OMS Investments, Inc., is located at

      10250 Constellation Blvd Ste 2800
      Los Angeles, California 90067-6244
      United States

The phone number is 9375781561.

The fax number is 9376447568.

The email address is trademarks@scotts.com

A fee payment in the amount of $100 will be submitted with the form, representing payment for the allegation of use for 1 class.


Declaration

	The signatory believes that the applicant is the owner of the mark sought to be registered. For a trademark or service mark application, the mark is in use 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.
	The specimen(s) shows the mark as used on or in connection with the goods/services/collective membership organization in commerce.
	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.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	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 all statements made on information and belief are believed to be true.

Signature: /Mindy Walser/      Date Signed: 12/06/2019
Signatory's Name: Mindy Walser
Signatory's Position: Secretary
Signatory's Phone: 9375781561

Mailing Address:
   OMS Investments, Inc.
   
   10250 Constellation Blvd Ste 2800
   Los Angeles, California 90067-6244

RAM Sale Number: 87126964
RAM Accounting Date: 12/06/2019

Serial Number: 87126964
Internet Transmission Date: Fri Dec 06 16:54:01 EST 2019
TEAS Stamp: USPTO/SOU-XX.XXX.XXX.XXX-201912061654011
42596-87126964-700ea57b59eb96837126849af
8ef6c0daeb56f4f7c7adaa26af7eedb7ddccde26
-DA-54000173-20191206092130421242