Extension of Time to File SOU

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 1581 (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 1581 (Rev 09/2005)

OMB No. 0651-0054 (Exp 12/31/2020)

SOU Extension Request
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: SCOTTS (stylized and/or with design)
SERIAL NUMBER: 87172071

The applicant, OMS Investments, Inc., having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
      9375781347
      9376447568
      XXXX (authorized)
requests a six-month extension of time to file the Statement of Use under 37 C.F.R. Section 2.89 in this application.    The Notice of Allowance mailing date was 04/04/2017.

For International Class 009:
Current identification: Electronic controllers, valves and sensors for irrigation and sprinkler uses and systems; electronic weather measurement sensors; sensors for monitoring temperature, humidity, moisture and sunlight; electronic plant moisture sensors

This filing does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified; these goods/services are either being permanently deleted or included in a separately filed Statement of Use with a Request to Divide: Electronic controllers and sensors for irrigation and sprinkler uses and systems; electronic weather measurement sensors; sensors for monitoring temperature, humidity, moisture and sunlight; electronic plant moisture sensors

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class: Electronic valves for irrigation and sprinkler uses and systems

For International Class 011:
Current identification: Equipment, apparatus and systems for irrigation and fertigation, namely, domestic and horticultural irrigation and fertigation units

This filing does NOT cover the following goods/services listed in either the application or Notice of Allowance or as subsequently modified; these goods/services are either being permanently deleted or included in a separately filed Statement of Use with a Request to Divide: Equipment, apparatus and systems for irrigation, namely, domestic and horticultural irrigation units

For a trademark/service mark: The applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all of the goods/services listed in the Notice of Allowance or as subsequently modified for this specific class; for a collective/certification mark: the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with the goods/services/collective membership organization listed in the Notice of Allowance, or as subsequently modified for this specific class: Equipment, apparatus and systems for fertigation, namely, domestic and horticultural fertigation units

The applicant has submitted a Request to Divide in paper or is filing a Request to Divide as part of the TEAS Allegation of Use form. This is the second extension request. The applicant has made the following ongoing efforts to use the mark in commerce on or in connection with each of those goods/services covered by the extension request: product or service research or development

A Statement of Use has already been submitted or is being submitted along with the Extension request as evidence that applicant believes that it has made valid use of the mark in commerce.   If the USPTO finds the Statement of Use to be fatally defective, the applicant requests additional time to file an amended or substitute Statement of Use.



A fee payment in the amount of $250 will be submitted with the form, representing payment for 2 classes.


Declaration

STATEMENTS: The signatory believes that: the applicant has a continued bona fide intention, and is entitled, to use the mark in commerce on or in connection with all the goods/services under Section 1(b) in the notice of allowance or as subsequently modified, or, if applicable, the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce on or in connection with all the goods/services/collective membership organization under Section 1(b) in the notice of allowance or as subsequently modified; and that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, members and 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.

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 resulting registration, 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: 03/09/2018
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
Signatory's Phone: 3103003066

RAM Sale Number: 87172071
RAM Accounting Date: 03/12/2018

Serial Number: 87172071
Internet Transmission Date: Fri Mar 09 16:34:44 EST 2018
TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.X-2018030916344448
2946-87172071-510cbeeda054cfa917fb08ef9a
8c911d4db94293b70773c7d339fa7dc1996b120-
DA-3643-20180309115220030317