| Serial Number | 77578807 |
| Word Mark | S & H IN THE GARDEN SINCE 1979 |
| Filing Date | Thursday, September 25, 2008 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, May 10, 2010 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, July 14, 2009 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "SINCE 1979" |
| Description of Mark | The mark consists of a round circle with an inner border around the letters "S" and "H" with the "&" symbol and shovel design appearing between the "S" and "H" letters all centered directly above the words "IN THE GARDEN SINCE 1979". The dark square is negative space and does not represent any shape or image. |
| Goods and Services | Retail store, mail order catalog and online ordering services in the fields of gardening and outdoor living, garden tools and supplies, plants, bulbs, seeds, fertilizers, substances for pest control, clothing, furniture, garden ornaments, garden structures, plant containers, watering cans and home decorations |
| Pseudo Mark | SMITH AND HAWKEN IN THE GARDEN SINCE 1979 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, September 29, 2008 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | TARGET BRANDS, INC. |
| Party Type | 21 - New Owner After Publication |
| Legal Entity Type | 03 - Corporation |
| Address | MINNEAPOLIS, MN 55403 |
| Party Name | Smith & Hawken, Ltd. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Novato, CA 94949 |
| Party Name | Smith & Hawken, Ltd. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Novato, CA 94949 |
| Event Date | Event Description |
| Monday, May 10, 2010 | ABANDONMENT NOTICE MAILED - NO USE STATEMENT FILED |
| Monday, May 10, 2010 | ABANDONMENT - NO USE STATEMENT FILED |
| Friday, January 15, 2010 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, January 15, 2010 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, January 13, 2010 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Tuesday, October 6, 2009 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, July 14, 2009 | PUBLISHED FOR OPPOSITION |
| Wednesday, June 24, 2009 | NOTICE OF PUBLICATION |
| Tuesday, June 9, 2009 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, June 9, 2009 | ASSIGNED TO LIE |
| Monday, June 8, 2009 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, June 8, 2009 | EXAMINER'S AMENDMENT ENTERED |
| Monday, June 8, 2009 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, June 8, 2009 | EXAMINERS AMENDMENT E-MAILED |
| Monday, June 8, 2009 | EXAMINERS AMENDMENT -WRITTEN |
| Friday, December 26, 2008 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, December 26, 2008 | NON-FINAL ACTION E-MAILED |
| Friday, December 26, 2008 | NON-FINAL ACTION WRITTEN |
| Tuesday, December 23, 2008 | ASSIGNED TO EXAMINER |
| Tuesday, September 30, 2008 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Monday, September 29, 2008 | NEW APPLICATION ENTERED IN TRAM |