| Serial Number | 78485415 |
| Word Mark | SCOTTS TURF BUILDER WITH PLUS 2 WEED CONTROL LAWN FERTILIZER AND BROADLEAF WEED CONTROL TIMING: |
| Filing Date | Friday, September 17, 2004 |
| Status | 800 - REGISTERED AND RENEWED |
| Status Date | Monday, June 27, 2016 |
| Registration Number | 3060085 |
| Registration Date | Tuesday, February 21, 2006 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, November 29, 2005 |
| Description of Mark | 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. |
| Description of the Colors Claimed | 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. |
| Pseudo Mark | SCOTTS TURF BUILDER WITH PLUS TWO WEED CONTROL LAWN FERTILIZER AND BROADLEAF WEED CONTROL TIMING: |
| Section 2(f) Limitation Statement | as to "TURF" |
| Indication of Colors claimed | The colors yellow, red, green, white and brown are claimed as features of the mark. |
| Goods and Services | FERTILIZER FOR DOMESTIC USE |
| NOT AVAILABLE | "WEED CONTROL LAWN FERTILIZER AND BROADLEAF WEED CONTROL" OR "TIMING" |
| 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 | Thursday, September 23, 2004 |
| Primary Code | 001 |
| First Use Anywhere Date | Thursday, January 1, 2004 |
| First Use In Commerce Date | Thursday, January 1, 2004 |
| 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, May 25, 2005 | ASSIGNED TO EXAMINER |
| Thursday, June 23, 2005 | ASSIGNED TO LIE |
| Wednesday, July 6, 2005 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, September 23, 2004 | NEW APPLICATION ENTERED |
| Monday, April 18, 2005 | ASSIGNED TO EXAMINER |
| Tuesday, June 21, 2005 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, June 21, 2005 | EXAMINERS AMENDMENT E-MAILED |
| Friday, June 24, 2005 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, July 6, 2005 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, July 14, 2005 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, August 24, 2005 | NOTICE OF PUBLICATION |
| Tuesday, September 13, 2005 | PUBLISHED FOR OPPOSITION |
| Tuesday, September 27, 2005 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Wednesday, July 6, 2005 | EXAMINER'S AMENDMENT ENTERED |
| Friday, July 8, 2005 | EXAMINER'S AMENDMENT ENTERED |
| Friday, July 8, 2005 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, July 29, 2005 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Tuesday, September 27, 2005 | WITHDRAWN FROM ISSUE - EXAMINING ATTORNEY REQUEST |
| Friday, September 30, 2005 | ASSIGNED TO LIE |
| Monday, October 3, 2005 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, November 9, 2005 | NOTICE OF PUBLICATION |
| Tuesday, November 29, 2005 | PUBLISHED FOR OPPOSITION |
| Tuesday, February 21, 2006 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, February 21, 2012 | TEAS SECTION 8 & 15 RECEIVED |
| Thursday, March 29, 2012 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Thursday, March 29, 2012 | NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED |
| Saturday, February 21, 2015 | COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED |
| Wednesday, March 4, 2015 | NOTICE OF SUIT |
| Tuesday, September 27, 2005 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, March 29, 2012 | REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. |
| Monday, June 27, 2016 | CASE ASSIGNED TO POST REGISTRATION PARALEGAL |
| Wednesday, October 23, 2019 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, October 23, 2019 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Friday, February 21, 2025 | COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED |
| Monday, June 27, 2016 | NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED |
| Thursday, April 7, 2016 | TEAS SECTION 8 & 9 RECEIVED |
| Monday, June 27, 2016 | REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED |
| Monday, June 27, 2016 | REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) |