What this record means
The record shows that the mark “EARTHGRO THE NATURAL CHOICE PLANTING SOIL FOR FLOWERS, TREES AND SHRUBS” is dead, having been abandoned by the owner, OMS Investments, Inc., a Delaware corporation. The mark was filed on April 22, 1999 and abandoned on August 26, 1999 after the applicant mailed an express abandonment. It was registered on the Principal Register for class 031, covering soil used in commerce, with first use on December 1, 1998. Because the mark is no longer active, it does not give the owner control over every use of the wording, but the record indicates that a similar name could raise the closest concern for soil products, especially those marketed for flowers, trees, and shrubs. No enforcement actions, oppositions, or cancellations appear in the supplied history. The practical risk for someone considering a similar name is that while the mark is abandoned, the specific goods—soil for plants—remain the focus of any potential concern.
Informational only - not legal advice.