TEAS RF New Application

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 1478 (Rev 09/2006)

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

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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 1478 (Rev 09/2006)

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

Trademark/Service Mark Application, Principal Register

Serial Number: 87436347

Filing Date: 05/04/2017

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 the wording "MIRACLE-GRO" appearing against a shaded concentric circle design with a three leaf flower over the "I".
The applicant, OMS Investments, Inc., a corporation of Delaware, having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
      9375781347(phone)
      9376447568(fax)
      XXXX (not authorized)

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 007:  Powered lawn and garden tools and equipment, namely, lawn mowers, aerators, mulchers, dethatchers, chippers, spreaders, edgers, shears, blowers, trimmers, cultivators, pruners, hedge trimmers, chainsaws, tillers, saws, lawn rakers, composters, and snow plows
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



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
      9375781347(phone)
      9376447568(fax)
      trademarks@scotts.com (authorized)
The attorney docket/reference number is 87MGnew7.

The applicant's current Correspondence Information:

Karen K. Hammond

OMS Investments, Inc.

10250 Constellation Blvd., Suite 2800

Los Angeles, California 90067

9375781347(phone)

9376447568(fax)

trademarks@scotts.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. 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 the loss of TEAS Reduced Fee status and a requirement to submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, 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 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.

Declaration Signature

Signature: /lar/   Date: 05/04/2017
Signatory's Name: Luis A. Rodriguez
Signatory's Position: Assistant Secretary
Payment Sale Number: 87436347
Payment Accounting Date: 05/04/2017

Serial Number: 87436347
Internet Transmission Date: Thu May 04 10:48:17 EDT 2017
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.X-2017050410481734
4347-87436347-59067e962ae52d07745ecfd6c3
3d2ec3aea58ecc586e9ea092e29fb153c4df28e-
DA-10889-20170503111107225809