Statement of Use

PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1553

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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

To the Commissioner for Trademarks:
MARK: FUNDAMENTALS(Standard Characters, 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: 937-578-1561
      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
      9376447568
      Email: XXXX

The owner is submitting the following allegation of use information:

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

All ITU goods/services in this class are to be deleted


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

All ITU goods/services in this class are to be deleted


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

All ITU goods/services in this class are to be deleted


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

All ITU goods/services in this class are to be deleted


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

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: Mulch; flower seed; live plants; seeds for planting, namely, herb seeds for planting, vegetable seeds for planting, fruit seeds for planting; peat moss

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: Grass seed
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 01/31/2021, and first used in commerce at least as early as 01/31/2021, 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) Photograph of product.
Specimen File1
Specimen File2

Webpage URL: None Provided
Webpage Date of Access: None Provided

The applicant is not filing a Request to Divide with this Allegation of Use form. 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 applicant owner/holder and the applicant 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 $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: 03/26/2021
Signatory's Name: Mindy Walser
Signatory's Position: Secretary
Signatory's Phone: 9375781561
Signature method: Sent to third party for signature

PAYMENT: 87846992
PAYMENT DATE: 03/26/2021

Serial Number: 87846992
Internet Transmission Date: Fri Mar 26 11:12:18 ET 2021
TEAS Stamp: USPTO/SOU-XXX.XXX.XXX.XX-202103261112186
11327-87846992-770eebd5e13a6061385759e22
12be36781897be056ba745a2fcc64acffe0d1f7-
DA-12164867-20210326102521383904