Securing Over 150 Years of Consumer Trust: How Scotts Leverage TrademarkNow

As a category-leading manufacturer of consumer packaged goods, Scotts Miracle-Gro manages a globally recognized intellectual property portfolio. 

With active trademark registrations dating back to 1918, the company is the custodian of famous marks like SCOTTS®, MIRACLE-GRO®, and ORTHO®.

Scotts is rapidly evolving - the shift toward direct-to-consumer (DTC) models and online sales has heightened the need for vigilant enforcement. Simultaneously, the company is aggressively innovating to reach new generations of consumers, launching products in evolving spaces like insect control and carbon-related niches.

Robert Morgan, In-House Counsel at Scotts, understands this landscape intimately. After graduating from Ohio State in 2001 and eventually heading the IP practice group at Porter Wright, he moved in-house to be closer to the day-to-day business strategy. 

Today, Robert manages not only the Trademark portfolio but also has oversight of the patent portfolio (spanning biotech, mechanical, electrical, and chemical) and the company's marijuana-adjacent business.

The Challenge: Managing a Historic Legacy with a Small Team

"My advice to other legal teams is to embrace new platforms from established providers because they are designed to be better. The dedication to learning the new system is worth the effort, especially given the provided support."

^{Robert Morgan - In-House Counsel at Scotts}

Scotts, who manages a small team, handles all office actions and prosecution internally (while leaning on outside counsel for litigation), meaning efficiency isn't just a perk; it's a necessity. 

They face a high-pressure environment characterized by:

• Speed to market: The need for rapid trademark clearance to match the pace of new product innovation.
  
  
• M&A due diligence: The requirement to quickly yet comprehensively dive deep into target IP portfolios for strategic acquisitions and licensing opportunities.
  
  
• Stakeholder communication: Translating complex search results for brand managers and Senior VPs, especially given the high turnover in brand marketing positions.

The Transition: Moving to TrademarkNow

As long-term users of the Corsearch Platform, it meant workflows and practices had already been established using their existing tool. The Scotts team had a list of strict non-negotiables - moving to a new platform meant it needed to provide:

• Accurate data
• Comprehensive search results
• Fast data searches to provide immediate advice
• Results charted into an easily digestible format

Despite TrademarkNow meeting all of the criteria, moving away from their familiar legacy system (Corsearch Platform) was daunting. Robert admits to initially being concerned about losing the old system and even considered reverting back.

"Corsearch has established trust by, for decades, providing reliable search and monitoring platforms... What I feel separates Corsearch is its dedication to innovation and improvement and, more importantly, providing the human support needed." 

^{Robert Morgan - In-House Counsel at Scotts}

Corsearch provides all of the assistance and support needed to successfully migrate to the TrademarkNow platform - by offering tailored one-to-one training to help you transition your workflows and data, you can move to the latest platform quickly and confidently. 

For Scotts, Corsearch’s Barb Baron Kelly hosted tailored onboarding sessions with Bobby’s team in her Trademark 101 classes - these are designed to go beyond normal vendor onboarding by working directly with you to resolve specific issues, provide custom support and to develop your confidence in the platform as quickly as possible. 

Moving to TrademarkNow feels like a paradigm shift in the way you conduct Search, Watch, and Clearance activities - its speed and advanced user-interface make tasks you’d normally conduct on the Corsearch Platform even easier to execute without the need for manual querying, with TrademarkNow providing even more insights for quicker, more confident opinions. 

This ongoing support and open feedback loop not only eased Robert's transition but also actively helped his new paralegal learn the basics of trademark law and context simply through daily interaction with the platform.

The Solution: Speed, Accuracy & Conversational Search

Today, Scotts Miracle-Gro relies heavily on the TrademarkNow Platform (ExaMatch and NameCheck) alongside global Watch Services. 

Robert notes that the platform has proven to be a vastly more efficient and user-friendly tool than alternatives, offering a superior UI that makes information easy to digest for business clients.

• Instant search results via ExaMatch, NameCheck, and LogoCheck: The team uses ExaMatch for preliminary searches and NameCheck for immediate availability checks. Because the platform allows users to manipulate and filter results on the fly, Robert describes the clearance process as highly "conversational" - allowing the team to "bend the results" as they explore options in real-time.
  
  
• Strategic M&A deep dives: Beyond basic clearance, ExaMatch is utilized during M&A due diligence to instantly verify docket ownership information, conduct comprehensive owner searches, and evaluate entire portfolios quickly.
  
  
• Competitive spot-checking: Instead of formalized competitor watching, the team leverages ExaMatch to save and easily update searches, keeping a close pulse on competitive filings.
  
  
• Global house Brand Protection: Watch Services are deployed globally across all primary house brands and vital sub-brands to defend against infringement.

The Results: Proactive Protection and Business Alignment

By fully embracing Corsearch, Scotts Miracle-Gro transformed its IP workflow from a traditional clearance process into a dynamic, presentation-ready strategy.

Live Presentation and Archiving Capabilities 

The platform’s speed allows Robert’s team to run live searches directly during meetings with brand stakeholders. They can immediately demonstrate search options, pivot strategies on the fly, and download results into static charts. 

This archiving is crucial for creating a historical snapshot of their decision-making process, ensuring continuity even when brand leadership turns over.

Proactive Enforcement Success 

The accuracy of Corsearch’s databases has directly helped the team avoid potential legal issues during clearance. Furthermore, Corsearch Watch Services proved invaluable when it alerted the team to a new filing by a long-inactive party. 

This timely alert allowed Scotts Miracle-Gro to successfully initiate an opposition proceeding in the Trademark Trial and Appeal Board (TTAB).

Measuring True Success 

While the brand teams at Scotts Miracle-Gro measure the ROI of new product launches, Robert's team measures success differently: by ensuring their legal strategy is perfectly aligned with business goals. 

By utilizing Corsearch, the IP team is fully equipped to advise business stakeholders on the value and risks associated with new mark adoption, ensuring that the 150-year legacy of Scotts Miracle-Gro is protected by strong, enforceable marks for generations to come.

Speak to Corsearch today to learn more about TrademarkNow and what the platform can do for you.