| Serial Number | 78478903 |
| Word Mark | MIRACLE-GRO GARDEN SOIL FLOWERS & VEGETABLES |
| Filing Date | Friday, September 3, 2004 |
| Status | 800 - REGISTERED AND RENEWED |
| Status Date | Saturday, August 6, 2016 |
| Registration Number | 3190987 |
| Registration Date | Tuesday, January 2, 2007 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, October 17, 2006 |
| Indication of Colors claimed | The colors green, red, yellow, white, black, pink, orange and brown are claimed as a feature of the mark. |
| Description of the Colors Claimed | The top one-third of the bag appearing above and adjacent to the trademark MIRACLE-GRO is in green, the wording GROWS PLANTS TWICE AS BIG AS TOPSOIL 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 "Flowers & Vegetables" are in white upon a green 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 background of the lower part of the drawing below the green is in yellow and the partial circle running through MIRACLE-GRO on top of the drawing and below the woman gardening is in pink, the picket fence is white, the flowers directly behind the picket fence and the woman gardening are in the colors yellow, pink, red, green, white and orange, the woman gardener is wearing a brown hat, blue shirt, white pants, red shoes and has brown arms, the edge of the drawing on the left and right sides is in green as are the irregularly shaped lines appearing below the wording "Garden Soil" and "Flowers and Vegatables". |
| Disclaimer with Predetermined Text | GARDEN SOIL, FLOWERS & VEGETABLES, TOPSOIL AND TIERRA PARA EL JARDIN |
| Goods and Services | GARDEN SOIL, PLANTING SOIL, SOIL CONTAINING ADDITIVES, SOIL CONDITIONERS FOR AGRICULTURAL, DOMESTIC OR HORTICULTURAL USE AND FERTILIZERS FOR SOIL AND POTTING SOIL |
| Name/Portrait Description and/or Consent Statement | The likeness in the mark identifies Lynn Grace a living individual whose consent is of record. |
| Pseudo Mark | MIRACLE-GROW GARDEN SOIL FLOWERS AND VEGETABLES |
| Section 2(f) Limitation Statement | As to "Grows Plants Twice As Big". |
| Translation of Words in Mark | The English translation of "tierra para el jardin" is garden soil. |
| International Class | 001 - Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. |
| US Class Codes | 001, 005, 006, 010, 026, 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, September 14, 2004 |
| Primary Code | 001 |
| First Use Anywhere Date | Tuesday, February 1, 2005 |
| First Use In Commerce Date | Tuesday, February 1, 2005 |
| Party Name | OMS Investments, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Los Angeles, CA 90067 |
| Party Name | OMS Investments, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Los Angeles, CA 90067 |
| Party Name | OMS Investments, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Los Angeles, CA 90067 |
| Event Date | Event Description |
| Wednesday, June 9, 2021 | NOTICE OF SUIT |
| Tuesday, June 23, 2020 | NOTICE OF SUIT |
| Wednesday, October 23, 2019 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, October 23, 2019 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Sunday, August 7, 2016 | NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED |
| Saturday, August 6, 2016 | REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) |
| Saturday, August 6, 2016 | REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED |
| Saturday, August 6, 2016 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Monday, June 20, 2016 | NOTICE OF SUIT |
| Monday, June 20, 2016 | NOTICE OF SUIT |
| Tuesday, May 17, 2016 | TEAS SECTION 8 & 9 RECEIVED |
| Saturday, January 2, 2016 | COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED |
| Monday, August 26, 2013 | NOTICE OF SUIT |
| Tuesday, January 22, 2013 | NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED |
| Tuesday, January 22, 2013 | REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. |
| Tuesday, January 22, 2013 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Wednesday, January 2, 2013 | TEAS SECTION 8 & 15 RECEIVED |
| Thursday, July 22, 2010 | NOTICE OF SUIT |
| Tuesday, January 2, 2007 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, October 17, 2006 | PUBLISHED FOR OPPOSITION |
| Wednesday, September 27, 2006 | NOTICE OF PUBLICATION |
| Wednesday, August 30, 2006 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, July 14, 2006 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, July 3, 2006 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, June 29, 2006 | ASSIGNED TO LIE |
| Thursday, June 29, 2006 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, June 29, 2006 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, June 27, 2006 | USE AMENDMENT ACCEPTED |
| Tuesday, June 6, 2006 | AMENDMENT FROM APPLICANT ENTERED |
| Monday, April 24, 2006 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, June 6, 2006 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, May 2, 2006 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, June 2, 2006 | AMENDMENT TO USE PROCESSING COMPLETE |
| Tuesday, May 2, 2006 | USE AMENDMENT FILED |
| Tuesday, May 23, 2006 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, May 23, 2006 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, May 23, 2006 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, May 2, 2006 | TEAS AMENDMENT OF USE RECEIVED |
| Monday, April 24, 2006 | PAPER RECEIVED |
| Tuesday, February 7, 2006 | UNRESPONSIVE/DUPLICATE PAPER RECEIVED |
| Friday, March 10, 2006 | ASSIGNED TO LIE |
| Tuesday, February 7, 2006 | PAPER RECEIVED |
| Friday, November 4, 2005 | NON-FINAL ACTION MAILED |
| Thursday, November 3, 2005 | NON-FINAL ACTION WRITTEN |
| Thursday, October 13, 2005 | AMENDMENT FROM APPLICANT ENTERED |
| Monday, October 3, 2005 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, October 3, 2005 | PAPER RECEIVED |
| Friday, April 15, 2005 | NON-FINAL ACTION MAILED |
| Thursday, April 14, 2005 | NON-FINAL ACTION WRITTEN |
| Thursday, March 31, 2005 | ASSIGNED TO EXAMINER |
| Tuesday, September 14, 2004 | NEW APPLICATION ENTERED IN TRAM |