Serial Number: 78655950

Reg Number: 3375928

Word Mark: SCOTTS NATURE'S CARE, INDOOR INSECT KILLER

Goods and Services: IC 005. US 006 018 044 046 051 052. G & S: INSECTICIDES, PESTICIDES FOR DOMESTIC USE, AND HERBICIDES. 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
05.03.25 - Leaf, single; Other leaves
05.09.02 - Grapes
05.09.05 - Apples
19.09.12 - Atomizers; Bottles with pumps; Bottles with sprayers; Jugs with pumps; Jugs with sprayers; Sprayers, bottles or jugs with sprayers
26.03.21 - Ovals that are completely or partially shaded
26.17.03 - Dotted line(s); Lines, dotted

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

Attorney of Record: Susan E. Hollander, Esquire

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "INDOOR INSECT KILLER" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) orange, green, dark green, light green, yellow, white, red and blue is/are claimed as a feature of the mark. The mark consists of the trade dress characterizing packaging for the goods. The package comprises an orange bottle with a ribbed neck and a label placed on the front of the bottle. The cap is a green sprayer with a nozzle displaying a green leaf outline in yellow. The label consists of the colors orange, dark green, light green, yellow, white, red and blue. The wording "NATURE'S CARE" appears in white in the middle of a dark green leaf design displayed in the top half of the label. The word "SCOTTS" appears in white lettering in a green oval surrounded by a white line and sits just above the dark green leaf. The wording "INDOOR INSECT KILLER" is displayed in white below the dark green leaf design. A design of a Caucasian woman holding an orange in her right hand and standing near a counter and cabinets is situated to the right of the wording "INDOOR INSECT KILLER." The counter and cabinets are shown in white. The woman is wearing a white shirt, a light green sweater and blue jeans. The woman's teeth are white, lips are red, hair is reddish brown and eyes are blue. 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: 47726