Response to Office Action

SCOTTS TURF BUILDER WITH PLUS 2 WEED CONTROL LAWN FERTILIZER AND BROADLEAF WEED CONTROL TIMING:

OMS Investments, Inc.

Response to Office Action

PTO Form 1957 (Rev 8/2005)

OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action

The table below presents the data as entered.

Input Field	Entered
SERIAL NUMBER	78485415
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (no change)
ADDITIONAL STATEMENTS SECTION
SECTION 2(f), IN PART	TURF has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 341806, 1071231, 1071232, 1071233, 2307617, 2314660, 2316681, 2636529, 2643842 and 2819307.
MISCELLANEOUS STATEMENT	Please note: The June 21, 2005 Official Gazette includes Application Serial No. 78/369,666 for the mark TURF LINE WINTERIZER for fertilizers, and the Office did not require a disclaimer of the term TURF. Accordingly, a disclaimer of TURF should not be required in the instant application.
SIGNATURE SECTION
RESPONSE SIGNATURE	/erin m. clarke/
SIGNATORY NAME	Erin M. Clarke
SIGNATORY POSITION	Attorney
SIGNATURE DATE	07/14/2005
FILING INFORMATION SECTION
SUBMIT DATE	Thu Jul 14 14:10:22 EDT 2005
TEAS STAMP	USPTO/OA-XXXXXXXXXX-20050 714141022797118-78485415- 200d6445c30a513f318781d35 d2f4d83482-N-N-2005071414 0911677842

PTO Form 1957 (Rev 8/2005)

OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78485415 is amended as follows:



Additional Statements
TURF has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 341806, 1071231, 1071232, 1071233, 2307617, 2314660, 2316681, 2636529, 2643842 and 2819307.
Please note: The June 21, 2005 Official Gazette includes Application Serial No. 78/369,666 for the mark TURF LINE WINTERIZER for fertilizers, and the Office did not require a disclaimer of the term TURF. Accordingly, a disclaimer of TURF should not be required in the instant application.


Response Signature

Signature: /erin m. clarke/ Date: 07/14/2005
Signatory's Name: Erin M. Clarke
Signatory's Position: Attorney



Serial Number: 78485415
Internet Transmission Date: Thu Jul 14 14:10:22 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXXX-20050714141022797118 -78485415-200d6445c30a513f318781d35d2f4d 83482-N-N-20050714140911677842

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