EARTHGRO THE NATURAL CHOICE PLANTING SOIL FOR FLOWERS, TREES AND SHRUBS

What this record means

The record shows that the mark “EARTHGRO THE NATURAL CHOICE PLANTING SOIL FOR FLOWERS, TREES AND SHRUBS” was registered on the Principal Register in 2001 but was cancelled in 2008 because the owner, OMS INVESTMENTS, INC., failed to file a Section 8 declaration. The goods listed are potting soil, specifically for flowers, trees and shrubs, so a similar name used for that exact product line would raise the closest concern. The cancellation means the mark no longer has enforceable rights, but the record does not prove that the wording is free for all uses; other rights could exist elsewhere. The prosecution history shows a normal examination, with a correction under Section 7 and eventual registration before cancellation. No oppositions, extensions, or court actions appear, so the supplied history shows no enforcement activity. If you’re thinking of a similar name for potting soil, the cancelled status reduces risk, but the specific goods still carry a potential concern.