| Serial Number | 78478913 |
| Word Mark | MIRACLE-GRO GARDEN SOIL ROSES BONE MEAL ADDED TO GROW BIG, BEAUTIFUL BLOOMS! |
| Filing Date | Friday, September 3, 2004 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, May 24, 2013 |
| Registration Number | 3156217 |
| Registration Date | Tuesday, October 17, 2006 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, August 1, 2006 |
| Indication of Colors claimed | The color(s) red, pink, yellow, green, black and white is/are claimed as a feature of the mark. |
| Description of the Colors Claimed | The color yellow appears o the bottom two thirds of the package. The black bullet logo with a thin white circle within and the words MIRACLE-GRO unite the pink and yellow packaging. In the center of the trademark appears a picture of a woman gardening among a bed of red and pink roses. The plant portion of the roses are green. The rosebed is bordered by a white fence. The woman is wearing a beige hat. The word ROSES appears in white on a pink banner and the words GARDEN SOIL in black with a green leaf dotting the "I" in soil. |
| Disclaimer with Predetermined Text | GARDEN SOIL; ROSES; BONE MEAL ADDED TO GROW BIG BEAUTIFUL BLOOMS, and TIERRA PARA EL JARDIN |
| Description of Mark | The mark consists of the trademark MIRACLE-GRO on a circular logo, with the words GARDEN SOIL, ROSES, and the words BONE MEAL ADDED TO GROW BIG, BEAUTIFUL BLOOMS!, on a package with a figure of a person in a garden. |
| Goods and Services | GARDEN SOIL, PLANTING SOIL, SOIL CONTAINING ADDITIVES, CHEMICAL SOIL CONDITIONERS, SOIL CONDITIONERS FOR AGRICULTURAL, DOMESTIC OR HORTICULTURAL USE AND FERTILIZERS FOR SOIL AND POTTING SOIL |
| Name/Portrait Description and/or Consent Statement | The person portrayed in the mark identifies a living individual whose consent is of record. |
| Pseudo Mark | MIRACLE-GROW GARDEN SOIL ROSES (PACKAGE) (COLOR) |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, May 24, 2013 |
| Primary Code | 001 |
| First Use Anywhere Date | Saturday, January 1, 2005 |
| First Use In Commerce Date | Saturday, January 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 |
| Friday, May 24, 2013 | CANCELLED SEC. 8 (6-YR) |
| Thursday, July 22, 2010 | NOTICE OF SUIT |
| Tuesday, October 17, 2006 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, August 1, 2006 | PUBLISHED FOR OPPOSITION |
| Wednesday, July 12, 2006 | NOTICE OF PUBLICATION |
| Friday, June 16, 2006 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, June 2, 2006 | ASSIGNED TO LIE |
| Thursday, June 1, 2006 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| 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 |
| Thursday, May 11, 2006 | AMENDMENT FROM APPLICANT ENTERED |
| Monday, April 24, 2006 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, April 24, 2006 | PAPER RECEIVED |
| Wednesday, April 12, 2006 | USE AMENDMENT ACCEPTED |
| Monday, March 6, 2006 | AMENDMENT TO USE PROCESSING COMPLETE |
| Friday, February 17, 2006 | USE AMENDMENT FILED |
| Tuesday, February 7, 2006 | PAPER RECEIVED |
| Friday, February 17, 2006 | TEAS AMENDMENT OF USE RECEIVED |
| Friday, December 2, 2005 | NON-FINAL ACTION MAILED |
| Thursday, December 1, 2005 | NON-FINAL ACTION WRITTEN |
| Wednesday, October 26, 2005 | AMENDMENT FROM APPLICANT ENTERED |
| Tuesday, October 11, 2005 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 11, 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 |