| Serial Number | 78478917 |
| Word Mark | MIRACLE-GRO GARDEN SOIL TREES & SHRUBS |
| Filing Date | Friday, September 3, 2004 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, July 19, 2013 |
| Registration Number | 3182529 |
| Registration Date | Tuesday, December 12, 2006 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, September 26, 2006 |
| Indication of Colors claimed | The colors blue, green, red, yellow, white, black, pink 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 blue, the wording "Grows Big Beautiful Trees & Shrubs Guaranteed" 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 "Trees & Shrubs" are in white upon a blue 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 the background of the lower part of the drawing below the blue is in yellow and the partial circle running through "Miracle-Gro" on top of the drawing and below the woman gardening is in green, the flowers surrounding the woman gardening are in the colors yellow, pink, red, green, white and orange, the woman gardener is wearing a yellow hat, white dress, and has a brown face, the edge of the drawing on the left and right sides is in blue and the irregularly shaped lines appearing below the wording "Garden Soil" and "Flowers & Vegetables" are in green. |
| Disclaimer with Predetermined Text | GARDEN SOIL; TREES & SHRUBS; GROWS BIG BEAUTIFUL TREES & SHRUBS GUARANTEED, 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 TREES AND SHRUBS (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, July 19, 2013 |
| 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 |
| Friday, July 19, 2013 | CANCELLED SEC. 8 (6-YR) |
| Thursday, July 22, 2010 | NOTICE OF SUIT |
| Tuesday, December 12, 2006 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, September 26, 2006 | PUBLISHED FOR OPPOSITION |
| Wednesday, September 6, 2006 | NOTICE OF PUBLICATION |
| Wednesday, July 26, 2006 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, July 26, 2006 | ASSIGNED TO LIE |
| Wednesday, June 28, 2006 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, June 27, 2006 | USE AMENDMENT ACCEPTED |
| Tuesday, June 6, 2006 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, May 2, 2006 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, June 6, 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 |
| Thursday, November 3, 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 |
| Friday, April 15, 2005 | NON-FINAL ACTION WRITTEN |
| Wednesday, April 13, 2005 | ASSIGNED TO EXAMINER |
| Thursday, March 31, 2005 | ASSIGNED TO EXAMINER |
| Tuesday, September 14, 2004 | NEW APPLICATION ENTERED IN TRAM |