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: FUNDAMENTALS (see, http://uspto.report/TM/87846992/mark.png)
SERIAL NUMBER: 87846992

OWNER AND/OR ENTITY INFORMATION
The owner proposes to amend the following:
Current: OMS Investments, Inc., having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
      Phone: 937-578-1347
      Fax: 9376447568
      Email: XXXX
Proposed: OMS Investments, Inc., having an address of
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
      Phone: 937-578-1561
      Fax:
      Email: XXXX

The owner 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 10/02/2018.

For International Class 001:
Current identification: Fertilizer; plant food; growing media for plants; plant growth stimulators and enhancers; soil conditioners for domestic and horticultural use; soil amendments; soil wetting agents; garden soils; planting soils; potting mixes in the nature of potting soil; top soil; coir growing media; humus; peat for use as a fertilizer; leaf shine; compost

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.


For International Class 005:
Current identification: Herbicides; pesticides; insecticides; parasiticides; fungicides; rodenticides; miticides, namely, for domestic and horticultural use; animal repellents; insect repellents; insect baits in the nature of insecticides for pest control purposes; bait stations with baits sold as an integral component for feeding rodenticides to rodents, moles, mice and rats

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.


For International Class 007:
Current identification: Mechanical lawn and garden spreaders

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.


For International Class 021:
Current identification: Bait stations sold empty for feeding rodenticides to rodents, moles, mice and rats; applicator bottles for use in watering and/or applying fertilizers, plant food, herbicides, pesticides and insecticides in the nature of bottles, sold empty; rodent, mole, mice and rat traps

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.


For International Class 031:
Current identification: Mulch; grass seed; flower seed; live plants; seeds for planting, namely, herb seeds for planting, vegetable seeds for planting, fruit seeds for planting; peat moss

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.


This is the fourth 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 ; market research ; manufacturing activities

Correspondence Information (current):
      Robert Morgan
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@scotts.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Correspondence Information (proposed):
      Robert Morgan
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@scotts.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED


Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).





A fee payment in the amount of $625 will be submitted with the form, representing payment for 5 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: /Mindy Walser/      Date Signed: 09/21/2020
Signatory's Name: Mindy Walser
Signatory's Position: Secretary
Signatory's Phone: 9375781561

RAM Sale Number: 87846992
RAM Accounting Date: 09/21/2020

Serial Number: 87846992
Internet Transmission Date: Mon Sep 21 15:09:52 ET 2020
TEAS Stamp: USPTO/ESU-XXX.XXX.XXX.XX-202009211509525
93527-87846992-750e66f2252713e6c4e026def
58b707a48c1279df383299ef65580492ceb870-D
A-09518174-20200921103511484431