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ARTICLE · 30 NOVEMBER 2022

Precedential No. 35: In A Real Snoozer, TTAB Rules On Several Discovery-Related Issues

Wolf, Greenfield & Sacks, P.C.
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In a dubiously precedential Order, the ruled on several discovery-related motions in this opposition to registration of the mark GROMEO for "Planters for flowers and plants...

United StatesIntellectual Property
John L. Welch
John L. Welch
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In a dubiously precedential Order, the ruled on several discovery-related motions in this opposition to registration of the mark GROMEO  for "Planters for flowers and plants; Self-watering planters for flowers and plants." Opposer OMS claimed likelihood of confusion with, and likely dilution of, its registered marks MIRACLE GRO and GRO-formatives for fertilized, soil, pots, and containers.  OMS Investments, Inc. v. Habit Horticulture LLC, 2012 USPQ2d 1074 (TTAB 2022) [precedential] (Intelocutory Attorney Mary B. Miles).

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Applicant Habit [actually, applicant's name is Habitat Horticulture, but Opposer OMS misspelled it in the notice of opposition - ed.] moved to compel a deposition and to extend its time to respond to OMS's discovery requests. When Habit filed it reply brief, OMS claimed the reply should be stricken as untimely. OMS served its opposition on December 10, 2021 and claimed that the reply filed on December 31 was one day too late. Not so, said the

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