Serial Number: 78485415

Reg Number: 3060085

Word Mark: SCOTTS TURF BUILDER WITH PLUS 2 WEED CONTROL 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: 05.05.25 - Daffodils; Iris (flower); Other flowers
05.13.03 - Grasses
26.03.21 - Ovals that are completely or partially shaded
26.11.13 - Rectangles (exactly two rectangles); Two rectangles
26.11.21 - Rectangles that are completely or partially shaded
26.13.16 - Quadrilaterals touching or intersecting
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 CONTROL LAWN FERTILIZER AND BROADLEAF WEED CONTROL" or "TIMING" APART FROM THE MARK AS SHOWN

Description of Mark: The colors yellow, red, green, white and brown are claimed as features of the mark. The color brown is claimed as a feature of the mark. The color brown appears in the illustrations of the squares of soil. The color white appears in the wording "TIMING," the color red appears in the wording "TURF BUILDER," and the color green appears in the wording "WITH PLUS 2 WEED CONTROL LAWN FERTILIZER AND BROADLEAF WEED CONTROL. 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 yellow rectangle at the top of the bag, a red band below the yellow rectangle, and a yellow 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 TURF BUILDER in the color red appears just below the SCOTTS and Design mark, with the wording "WITH PLUS 2 WEED CONTROL LAWN FERTILIZER AND BROADLEAF WEED CONTROL" in green. The lower portion of the package consists of the image of a square of soil with growing grass and weeds in the colors green, brown, and yellow, below which is a small white rectangle outlined in green, and including the word "TIMING:" in white. A yellow arc with the SCOTTS and Design trademark is shown again at the bottom of the package.

Type of Mark: TRADEMARK

Register: PRINCIPAL-2(F)-IN PART

Live/Dead Indicator: LIVE

Prior Registrations: 0341806;1071231;1071232;1071233;2260387;2307617;2314660;2316681;2325961; 2636529;2643842;2819307;AND OTHERS

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