Serial Number: 78656060

Reg Number: 3250568

Word Mark: NEW! SCOTTS NATURE'S CARE ALL PURPOSE PLANT FOOD

Goods and Services: IC 001. US 001 005 006 010 026 046. G & S: PLANT FOOD. FIRST USE: 20050415. FIRST USE IN COMMERCE: 20050415

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

Design Search Code: 02.03.02 - Silhouettes of women; Women depicted as shadows or silhouettes of women
02.09.04 - Humans, including men, women and children, depicted sitting or kneeling; Kneeling, humans; Sitting, humans
05.03.25 - Leaf, single; Other leaves
05.13.07 - Containers of flowers; Flower pots, With plants or flowers; Plant stands containing vegetation; Pots, flower, containing plants; Urns, filled with flowers; Vases, filled with plants/flowers
19.09.04 - Bottles, jars or flasks with concave sides; Flasks with concave sides; Jars with concave sides
26.03.21 - Ovals that are completely or partially shaded
26.13.21 - Quadrilaterals that are completely or partially shaded
26.13.28 - Miscellaneous designs with overall quadrilateral shape; Quadrilateral shapes (miscellaneous overall shape)

Filing Date: 06/22/2005

Current Basis: 1A

Original Filing Basis: 1A

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

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "ALL PURPOSE PLANT FOOD" APART FROM THE MARK AS SHOWN

Description of Mark: The colors peach, orange, green, yellow, white, purple, black, blue, brown and red are claimed as features of the mark. The bottle top is green and the bottle and handle are orange. The words "New!", "Scotts", "Nature's Care", and "All Purpose Plant Food" are white. The words ""New!" and "Nature's Care" are outlined in black and appear over green leaf shaped backgrounds. "Scotts" appears on a green oval background ringed in white and surrounded by a black border. The words "All Purpose Plant Food" appear on a purple background. The basket is brown and contains red, white, and yellow flowers with green leaves and stems. The basket also contains an orange pumpkin with a green stem and other green vegetables. There is a woman kneeling behind the basket, and she has peach skin and brown hair and is wearing a blue shirt and a brown hat. There are red and white flowers with green stems and leaves behind the woman. The mark consists of the trade dress characterizing packaging for the goods. The package comprises a bottle with a handle, a round cap, and a label placed on the front of the bottle. Near the top of the label, the word "New!" appears on a leaf shaped background. Below it, the words "Nature's Care" appears in the middle of a leaf design displayed in the top half of the label. The word "Scotts" appears in a oval surrounded by a white line and sits just above the leaf containing the words "Nature's Care". The wording "All Purpose Plant Food" is displayed in white below the green leaf design. There is a woman with a basket of vegetables and flowers at the bottom right of the label. There are flowers behind the woman. The dotted lines in the drawing provide placement context for the mark, however, the shape of the bottle and the cap are not claimed as a feature of the mark.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 2907133;2907136

SiteNo: 47722