Serial Number: 78485356

Reg Number: 3023457

Word Mark: SCOTTS BONUS S WEED AND FEED LAWN FERTILIZER AND BROADLEAF WEED CONTROL TIMING:

Goods and Services: IC 001. US 001 005 006 010 026 046. G & S: FERTILIZER FOR DOMESTIC USE. FIRST USE: 20040101. FIRST USE IN COMMERCE: 20040101

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

Design Search Code: 05.13.03 - Grasses
05.13.25 - Bales of hay or straw; Hay in bales; Other plants including bales of hay or straw; Straw in bales
26.03.21 - Ovals that are completely or partially shaded
26.11.20 - Rectangles inside one another
26.11.21 - Rectangles that are completely or partially shaded
26.17.09 - Bands, curved; Bars, curved; Curved line(s), band(s) or bar(s); Lines, curved
26.17.13 - Letters or words underlined and/or overlined by one or more strokes or lines; Overlined words or letters; Underlined words or letters

Filing Date: 09/17/2004

Current Basis: 1A

Original Filing Basis: 1A

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

Attorney of Record: John Gary Maynard, III

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WEED AND FEED", "LAWN FERTILIZER AND BROADLEAF WEED CONTROL", or "TIMING" APART FROM THE MARK AS SHOWN

Description of Mark: The colors red, purple, green, white and brown are claimed as features of the mark. The mark consists of the trade dress characterizing the front of the packaging for Applicant's goods. The package is in the shape of a rectangle, and consists of a purple rectangle at the top of the bag, a red band below the purple rectangle, and a purple arc near the middle of the package. The SCOTTS and Design trademark (the word "Scotts" in white lettering in a green oval surrounded by a white line) is centered on top of the arc design. The trademark BONUS S in purple appears just below the SCOTTS and Design mark, with the wording "WEED AND FEED LAWN FERTILIZER AND BROADLEAF WEED CONTROL" in purple. The lower portion of the package consists of the image of a square of soil with growing grass and weeds in brown and green, below which is a small white rectangle outlined in green, and including the word "TIMING--" in white. A purple arc with the SCOTTS and Design trademark is shown again at the bottom of the package. The color brown appears in the illustrations of the squares of soil. The color white appears in the wording "TIMING", and the color purple appears in the wording "BONUS S WEED AND FEED LAWN FERTILIZER AND BROADLEAF WEED CONTROL".

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 2325961;2551497;AND OTHERS

SiteNo: 53307