United States Patent and Trademark Office OG Notices: 08 March 2005

Date            Type of         Proceeding
Issued          Case (1)        or App'n No.            Party/Parties

2-4             OPP             91124078                TruServ Corp. v.
                                                        Advanced Impact
                                                        Marketing Service,
                                                        LLC


                                Opposer's/              Applicant's/
                                Petitioner's            Respondent's
                TTAB            Mark and                Mark and
Issue           Decision        Goods/Services          Goods/Services

2(d)            Opposition      "GREEN THUMB"           "GREEN
                Sustained       [a variety of hand      THUMB CLUB"
                as to both      operated gardening      [in Class 38:
                classes of      tools; liquid wax-      providing on-line
                services        like preparation        chat rooms for
                                for application to      transmission of
                                plant foliage as        messages among
                                resistant to the        computer users
                                effect of dust          concerning
                                condensation and        gardening;
                                contributive to         in Class 42:
                                improving general       gardening club;
                                foliage color and       providing gardening
                                appearance . . .        information via an
                                soil testing            on-line electronic
                                reagents to             communications
                                determine soil          network]
                                acidity and
                                presence of
                                nitrogen,
                                phosphorus, and
                                potash elements
                                in soil samples;
                                trellises for
                                supporting plants
                                and vines; kits
                                for growing
                                plants, etc.;
                                lawn sprinklers;
                                all types of
                                shrubs, trees,
                                plants and nursery
                                products, etc.]


Mark and                                        Citable as
Goods Cited by                                  Precedent
Examining Atty.                                 of TTAB

                                                No


(1)EX=EX PARTE APPEAL; OPP=OPPOSITION; CANC=CANCELLATION; CU=CONCURRENT
USE; (SJ)=SUMMARY JUDGMENT; (R)=REQ. FOR RECONSIDERATION; (MD)=MOTION
TO DISMISS; (MR)=MOTION TO REOPEN