Application

PTO- 1478

Approved for use through 04/30/2021. OMB 0651-0009

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- 1478

Approved for use through 04/30/2021. OMB 0651-0009

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 Application, Principal Register

Serial Number: 90710349

Filing Date: 05/13/2021

To the Commissioner for Trademarks:

MARK: BLACK MAGIC (Standard Characters, see mark)
The literal element of the mark consists of BLACK MAGIC. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, OMS Investments, Inc., a corporation of Delaware, having an address of
      10250 Constellation Blvd. Suite 2800
      Los Angeles, California 90067
      United States
      937-578-1561(phone)
      XXXX

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 006:  HVAC accessories adapted for and marketed to particular use in the indoor gardening industry, namely, metal ducts for air conditioning and heating installations;
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 owner's/holder's proposed attorney information: Robert J. Morgan. Robert J. Morgan, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      10250 Constellation Blvd., Suite 2800
      Los Angeles, California 90067
      United States
      937-578-1561(phone)
      trademarks@scotts.com

Robert J. 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 J. 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 $350 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 and was in use in commerce as of the filing date of the application 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 was used on or in connection with the goods/services in the application as of the application filing date; 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 and had a bona fide intention to use the mark in commerce as of the application filing date 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: /Mindy Walser/   Date: 05/13/2021
Signatory's Name: Mindy Walser
Signatory's Position: Secretary
Signatory's Phone Number: 937-578-1561
Signature method: Sent to third party for signature
Payment Sale Number: 90710349
Payment Accounting Date: 05/13/2021

Serial Number: 90710349
Internet Transmission Date: Thu May 13 21:43:40 ET 2021
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202105132143401
68111-90710349-780facd868b862cb55ff0d13a
778067e2959ea4a9ab4fef2784e4735b2d2a2-DA
-43391726-20210513084301301396