SMG » Topics » Trademarks, Patents and Licenses

These excerpts taken from the SMG 10-K filed Dec 3, 2008.
Trademarks, Patents and Licenses
 
The Company considers its brands, patents and licenses all to be key competitive advantages. We pursue a vigorous brand protection strategy consisting of registration and maintenance of key trademarks and proactive monitoring and enforcement activities to protect against infringement. The Scotts®, Miracle-Gro®, Ortho®, Scotts LawnService®, Smith & Hawken®, Osmocote®, Hyponex® and Earthgro® brand names and logos, as well as a number of product trademarks, including Turf Builder®, Organic Choice®, Home
 
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Defense Max® and Weed-B-Gon Max®, are federally and/or internationally registered and are considered material to our business.
 
As of September 30, 2008, we held 95 issued patents in the United States covering fertilizer, chemical and growing media compositions and processes; grass varieties; and mechanical dispensing devices such as applicators, spreaders and sprayers. Similar patents have also been issued or are pending internationally, bringing our total worldwide patent portfolio to 406 patents and applications. The issued patents provide protection generally extending to 20 years from the date of filing, subject to the payment of applicable governmental maintenance and annuity fees. Accordingly, many of our patents will extend well into the next decade.
 
In addition, we continue to file new patent applications each year covering new, commercially significant developments conceived by our research and development associates. Currently, we have 205 pending patent applications worldwide, including 35 pending U.S. applications. We also hold exclusive and non-exclusive patent licenses and supply arrangements, permitting the use and sale of additional patented fertilizers, pesticides and mechanical devices.
 
During fiscal 2008, we were granted four U.S. and 21 foreign national patents, including patents for the design of an improved spraying device and for various hybrid varieties of turfgrass. We continue to extend patent coverage of our core technologies nationally and in our Canadian, European, Asia/Pacific and South American markets.
 
No significant U.S. or foreign patents expired in fiscal 2008.
 
Trademarks,
Patents and Licenses



 



The Company considers its brands, patents and licenses all to be
key competitive advantages. We pursue a vigorous brand
protection strategy consisting of registration and maintenance
of key trademarks and proactive monitoring and enforcement
activities to protect against infringement. The
Scotts®,

Miracle-Gro®,

Ortho®,

Scotts
LawnService®,

Smith &
Hawken®,

Osmocote®,

Hyponex®

and
Earthgro®

brand names and logos, as well as a number of product
trademarks, including Turf
Builder®,

Organic
Choice®,

Home

 



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Defense
Max®

and Weed-B-Gon
Max®,

are federally
and/or
internationally registered and are considered material to our
business.


 



As of September 30, 2008, we held 95 issued patents in the
United States covering fertilizer, chemical and growing media
compositions and processes; grass varieties; and mechanical
dispensing devices such as applicators, spreaders and sprayers.
Similar patents have also been issued or are pending
internationally, bringing our total worldwide patent portfolio
to 406 patents and applications. The issued patents provide
protection generally extending to 20 years from the date of
filing, subject to the payment of applicable governmental
maintenance and annuity fees. Accordingly, many of our patents
will extend well into the next decade.


 



In addition, we continue to file new patent applications each
year covering new, commercially significant developments
conceived by our research and development associates. Currently,
we have 205 pending patent applications worldwide, including 35
pending U.S. applications. We also hold exclusive and
non-exclusive patent licenses and supply arrangements,
permitting the use and sale of additional patented fertilizers,
pesticides and mechanical devices.


 



During fiscal 2008, we were granted four U.S. and 21
foreign national patents, including patents for the design of an
improved spraying device and for various hybrid varieties of
turfgrass. We continue to extend patent coverage of our core
technologies nationally and in our Canadian, European,
Asia/Pacific and South American markets.


 



No significant U.S. or foreign patents expired in fiscal
2008.


 




These excerpts taken from the SMG 10-K filed Nov 25, 2008.
Trademarks, Patents and Licenses
 
The Company considers its brands, patents and licenses all to be key competitive advantages. We pursue a vigorous brand protection strategy consisting of registration and maintenance of key trademarks and proactive monitoring and enforcement activities to protect against infringement. The Scotts®, Miracle-Gro®, Ortho®, Scotts LawnService®, Smith & Hawken®, Osmocote®, Hyponex® and Earthgro® brand names and logos, as well as a number of product trademarks, including Turf Builder®, Organic Choice®, Home Defense Max® and Weed-B-Gon Max®, are federally and/or internationally registered and are considered material to our business.
 
As of September 30, 2008, we held 95 issued patents in the United States covering fertilizer, chemical and growing media compositions and processes; grass varieties; and mechanical dispensing devices such as applicators, spreaders and sprayers. Similar patents have also been issued or are pending internationally, bringing our total worldwide patent portfolio to 406 patents and applications.
 
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The issued patents provide protection generally extending to 20 years from the date of filing, subject to the payment of applicable governmental maintenance and annuity fees. Accordingly, many of our patents will extend well into the next decade.
 
In addition, we continue to file new patent applications each year covering new, commercially significant developments conceived by our research and development associates. Currently, we have 205 pending patent applications worldwide, including 35 pending U.S. applications. We also hold exclusive and non-exclusive patent licenses and supply arrangements, permitting the use and sale of additional patented fertilizers, pesticides and mechanical devices.
 
During fiscal 2008, we were granted four U.S. and 21 foreign national patents, including patents for the design of an improved spraying device and for various hybrid varieties of turfgrass. We continue to extend patent coverage of our core technologies nationally and in our Canadian, European, Asia/Pacific and South American markets.
 
No significant U.S. or foreign patents expired in fiscal 2008.
 
Trademarks,
Patents and Licenses



 



The Company considers its brands, patents and licenses all to be
key competitive advantages. We pursue a vigorous brand
protection strategy consisting of registration and maintenance
of key trademarks and proactive monitoring and enforcement
activities to protect against infringement. The
Scotts®,

Miracle-Gro®,

Ortho®,

Scotts
LawnService®,

Smith &
Hawken®,

Osmocote®,

Hyponex®

and
Earthgro®

brand names and logos, as well as a number of product
trademarks, including Turf
Builder®,

Organic
Choice®,

Home Defense
Max®

and Weed-B-Gon
Max®,

are federally
and/or
internationally registered and are considered material to our
business.


 



As of September 30, 2008, we held 95 issued patents in the
United States covering fertilizer, chemical and growing media
compositions and processes; grass varieties; and mechanical
dispensing devices such as applicators, spreaders and sprayers.
Similar patents have also been issued or are pending
internationally, bringing our total worldwide patent portfolio
to 406 patents and applications.

 



5







Table of Contents






The issued patents provide protection generally extending to
20 years from the date of filing, subject to the payment of
applicable governmental maintenance and annuity fees.
Accordingly, many of our patents will extend well into the next
decade.


 



In addition, we continue to file new patent applications each
year covering new, commercially significant developments
conceived by our research and development associates. Currently,
we have 205 pending patent applications worldwide, including 35
pending U.S. applications. We also hold exclusive and
non-exclusive patent licenses and supply arrangements,
permitting the use and sale of additional patented fertilizers,
pesticides and mechanical devices.


 



During fiscal 2008, we were granted four U.S. and 21
foreign national patents, including patents for the design of an
improved spraying device and for various hybrid varieties of
turfgrass. We continue to extend patent coverage of our core
technologies nationally and in our Canadian, European,
Asia/Pacific and South American markets.


 



No significant U.S. or foreign patents expired in fiscal
2008.


 




This excerpt taken from the SMG 10-K filed Nov 29, 2007.
Trademarks, Patents and Licenses
 
The Company considers its brands, patents and licenses all to be key competitive advantages. We pursue a vigorous brand protection strategy consisting of registration and maintenance of key trademarks and proactive monitoring and enforcement activities to protect against infringement. The Scotts®, Miracle-Gro®, Ortho®, Smith & Hawken®, Osmocote®, Hyponex® and Earthgro® brand names and logos, as well as a number of product trademarks, including Turf Builder®, Organic Choice®, Home Defense
 
5


 

and Weed-B-Gon®, are federally and/or internationally registered and are considered material to our business.
 
As of September 30, 2007, we held 93 issued patents in the United States covering fertilizer, chemical and growing media compositions and processes; grass varieties; and mechanical dispensing devices such as applicators, spreaders and sprayers. Many of these have similar patents which have also been issued or are pending internationally, bringing our total worldwide patent portfolio to 461 United States and International patents and applications. The issued patents provide protection generally extending to 20 years from the date of filing, subject to the payment of applicable governmental maintenance and annuity fees. Accordingly, many of our patents will extend well into the next decade.
 
In addition, we continue to file new patent applications each year covering new, commercially significant developments conceived by our R&D associates. Currently, we have 89 pending patent applications worldwide, including 14 pending U.S. applications, some of which have been allowed for issuance of patents. We also hold exclusive and non-exclusive patent licenses and supply arrangements with various active ingredient and raw material suppliers, permitting the use and sale of additional patented fertilizers, pesticides and mechanical devices.
 
During fiscal 2007, we were granted 2 U.S. and 22 foreign national patents. Representative of the patent coverage provided by these new patents are coated fertilizers including granular water soluble fertilizers and fertilizers that are specifically formulated to provide delayed-release or triggered-start action when applied to turf; improved spraying devices and the design of such spraying devices; new broadcast spreader devices and coconut coir pith containing growth media products and processes. We continue to extend patent coverage of our core technologies to provide protection of our developments nationally and in additional countries within our Canadian, European, Asia/Pacific and South American markets.
 
Four U.S. patents expired in fiscal 2007. These expired patents covered fertilizer gel compositions; Kentucky Bluegrass plant varieties; and spreader devices. The loss of these patents is not expected to materially affect our business.
 
This excerpt taken from the SMG 10-K filed Dec 14, 2006.
Trademarks, Patents and Licenses
 
The Company considers its brands, patents and licenses all to be key competitive advantages. We pursue a vigorous brand protection strategy consisting of registration and maintenance of key
5


Table of Contents

trademarks and proactive monitoring and enforcement activities to protect against infringement. The Scotts®, Miracle-Gro®, Hyponex®, Smith & Hawken® and Ortho® brand names and logos, as well as a number of product trademarks, including Turf Builder®, Osmocote® and Bug-B-Gon®, are federally and/or internationally registered and are considered material to our business.
 
As of September 30, 2006, we held 95 issued patents in the United States covering fertilizer, chemical and growing media compositions and processes; grass varieties; and mechanical dispensing devices such as applicators, spreaders and sprayers. Many of these have similar patents which have also been issued or are pending internationally, bringing our total worldwide patent portfolio to 419 United States and International patents and applications. The issued patents provide protection generally extending to 20 years from the date of filing, subject to the payment of applicable governmental maintenance and annuity fees. Accordingly, many of our patents will extend well into the next decade.
 
In addition, we continue to file new patent applications each year covering new, commercially significant developments conceived by our R&D associates. Currently, we have 137 pending patent applications, worldwide, including 19 pending U.S. applications some of which have been allowed for issuance of patents. We also hold exclusive and non-exclusive patent licenses and supply arrangements with various active ingredient and raw material suppliers, permitting the use and sale of additional patented fertilizers, pesticides and mechanical devices.
 
During fiscal 2006, we were granted 3 United States and 31 foreign national patents. Representative of the patent coverage provided by these new patents are coated fertilizers that are specifically formulated to act as starter fertilizers for new plantings; containers having metering apparatus for control of liquid dispensing; and the design of spray devices. Internationally, we continue to extend patent coverage of our core fertilizer technologies including controlled-release and water-soluble products and the like. We also are extending protection of our developments in regard to growing media and mechanical devices such as applicator, sprayer and spreader technologies to additional countries within our Canadian, European, Asian/Pacific and South American markets.
 
Eight United States patents expired in fiscal 2006. These expired patents covered sulfur coated fertilizer compositions; granular controlled-release coated fertilizers; Kentucky Bluegrass and St. Augustine Grass plant varieties; and various mechanical devices. The loss of these patents is not expected to materially affect our business.
 
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