Application

PTO- 1478

Approved for use through 10/31/2024. 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

---

PTO- 1478

Approved for use through 10/31/2024. 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: 97254132

Filing Date: 02/04/2022

To the Commissioner for Trademarks:

MARK: Ortho (stylized and/or with design, see mark)
The literal element of the mark consists of Ortho. The applicant is not claiming color as a feature of the mark. The mark consists of the words "ORTHO" across the design of a house.
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 042:  Providing temporary use of non-downloadable digital media, namely, digital assets, digital collectibles, digital tokens and non-fungible tokens (NFTs); Providing temporary use of non-downloadable virtual goods created with blockchain-based software technology and smart contracts, in the nature of grass seed, fertilizer, lawn food, herbicides, pesticides, insecticides, irrigation systems, hoses, ice melt, powered and non-powered lawn and garden tools, gloves, t-shirts, hats and accessories; Providing temporary use of non-downloadable computer software for creating, managing, storing, accessing, sending, receiving, exchanging, validating and selling digital assets, digital collectibles, digital tokens and non-fungible tokens (NFTs)
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.



Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 4264573, 4568796, 4568797, and others.


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: 02/04/2022
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: 97254132
Payment Accounting Date: 02/04/2022

Serial Number: 97254132
Internet Transmission Date: Fri Feb 04 17:38:09 ET 2022
TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-202202041738091
45167-97254132-810714250b777271120a1c78a
f91cb237f0cfe2eccefc18f28fc611d9784a52e1
-DA-38082827-20220204111648398620