| Serial Number | 98841392 |
| Word Mark | SMARTY PLANTS |
| Filing Date | Thursday, November 7, 2024 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Monday, August 11, 2025 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Description of Mark | The mark consists of a potted plant with a smiley wearing glasses on the pot. The stylized words "SMARTY PLANTS" appear below the smiley on the pot. |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Growing media for plants; growing media for plants, namely top soil, potting soil, garden soil, and horticultural potting mixtures; soil conditioner for horticultural purposes; soil conditioners for horticultural purposes, namely vermiculite, perlite, sawdust fertilizers, gypsum for use as a fertilizer, polysaccharide fertilizers, biochar soil additives, coir soil amendments, manure, and compost; top soil |
| NOT AVAILABLE | PLANTS |
| Goods and Services | Peat moss; sphagnum moss; mulch |
| International Class | 031 - Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt. |
| US Class Codes | 001, 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, August 11, 2025 |
| Primary Code | 031 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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, November 7, 2024 |
| Primary Code | 001 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Oldcastle Lawn & Garden, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Atlanta, GA 30346 |
| Event Date | Event Description |
| Thursday, November 7, 2024 | NEW APPLICATION ENTERED |
| Sunday, May 4, 2025 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Sunday, May 4, 2025 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, May 6, 2025 | ASSIGNED TO EXAMINER |
| Wednesday, May 14, 2025 | NON-FINAL ACTION WRITTEN |
| Wednesday, May 14, 2025 | NON-FINAL ACTION E-MAILED |
| Wednesday, May 14, 2025 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, August 11, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, August 11, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, August 11, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |