Serial Number: 78478917

Reg Number: 3182529

Word Mark: MIRACLE-GRO GARDEN SOIL TREES & SHRUBS

Translation: The English translation of "tierra para el jardin" is garden soil.

Goods and Services: (CANCELLED) IC 001. US 001 005 006 010 026 046. G & S: GARDEN SOIL, PLANTING SOIL, SOIL CONTAINING ADDITIVES, SOIL CONDITIONERS FOR AGRICULTURAL, DOMESTIC OR HORTICULTURAL USE AND FERTILIZERS FOR SOIL AND POTTING SOIL. FIRST USE: 20050201. FIRST USE IN COMMERCE: 20050201

Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search Code: 01.05.01 - Sun, rising or setting (partially exposed or partially obstructed); Sunrise
02.03.02 - Silhouettes of women; Women depicted as shadows or silhouettes of women
02.03.14 - Bonnets (women wearing); Women wearing bonnets
02.03.24 - Women, stylized, including women depicted in caricature form
05.01.25 - Cypress tree; Other trees or bushes; Willow tree
05.05.02 - Roses
05.05.25 - Daffodils; Iris (flower); Other flowers
05.11.04 - Tomatoes
05.11.25 - Artichokes; Asparagus; Broccoli; Celery; Other vegetables; Turnips
07.11.09 - Brick walls; Fences (including barbed wire and chain link); Garden equipment, fencing; Gates; Walls
26.01.13 - Circles, two (not concentric); Two circles
26.01.21 - Circles that are totally or partially shaded.
26.11.07 - Rectangles with a decorative border, including scalloped, ruffled and zig-zag edges
26.11.13 - Rectangles (exactly two rectangles); Two rectangles
26.11.20 - Rectangles inside one another
26.11.21 - Rectangles that are completely or partially shaded
26.11.25 - Rectangles with one or more curved sides
26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved

Filing Date: 09/03/2004

Current Basis: 1A

Original Filing Basis: 1B

Owner: (REGISTRANT) OMS Investments, Inc. CORPORATION DELAWARE 10250 Constellation Blvd., Suite 2800 Los Angeles CALIFORNIA 90067

Attorney of Record: Susan E. Hollander, Esq.

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE GARDEN SOIL; TREES & SHRUBS; GROWS BIG BEAUTIFUL TREES & SHRUBS GUARANTEED, and TIERRA PARA EL JARDIN APART FROM THE MARK AS SHOWN

Description of Mark: The colors blue, green, red, yellow, white, black, pink and brown are claimed as a feature of the mark. The top one-third of the bag appearing above and adjacent to the trademark "Miracle-Gro" is in blue, the wording "Grows Big Beautiful Trees & Shrubs Guaranteed" appears in yellow upon a red rectangular background and yellow outer edges, the trademark "Miracle-Gro" appears in white upon a black circle with a yellow outer edge and the color white emanates from the black outer edge of the circles, the wording "Garden Soil" is in black with a white background, the wording "Trees & Shrubs" are in white upon a blue background, the wording "Tierra Para El Jardin" is in red, the leaf appearing above the letter "I" in "Soil" is green and white, the predominant color in the background of the lower part of the drawing below the blue is in yellow and the partial circle running through "Miracle-Gro" on top of the drawing and below the woman gardening is in green, the flowers surrounding the woman gardening are in the colors yellow, pink, red, green, white and orange, the woman gardener is wearing a yellow hat, white dress, and has a brown face, the edge of the drawing on the left and right sides is in blue and the irregularly shaped lines appearing below the wording "Garden Soil" and "Flowers & Vegetables" are in green.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: DEAD

Prior Registrations: 0688868;2515267;2822655;AND OTHERS

SiteNo: 74961