BUDGENIUS TRADEMARK WAS ABANDONED BECAUSE OF NEGLECT!!!
I've worked with TMs and IP(Intellectual Property), so I'll try to give you a real brief primer on how they work. I can't supply links b/c the USPTO assigns "timed sessions", but if you cared, you could find all this out yourself on USPTO.GOV:
On March 27, 2012, not-yet MIA CEO Angel Stanz engaged a Trademark Attorney, Raj Abhyanker, to file a Trademark application for BudGenius (BTW, it didn't even include a request for the little "genius" figure, which would have been easy to do.)
Using a TM attorney is common- these attorneys pop out these apps like popcorn.
The USPTO either accepts the "content" of the app (rarely), or sends what they call an "Office Action", suggesting how it can be revised to make the app correct (more common).
They send this OA to the TM attorney, who should revise it as per the USPTO suggestions, and re-file it. Unless, of course, the attorney no longer has a relationship with now-MIA CEO Angel Stanz!
The Office Action said, in part:
__________________________________________
OFFICE ACTION
STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 7/3/2012
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
Summary of Issues
No Conflicting Marks Found
Amended Identification of Services Required
Trademark Act Section 2(d) Search Results – No Conflicting Marks Found
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
However, applicant must address the following procedural issues:
Amended Identification of Services Required
Applicant has applied to register the mark BUDGENIUS for services in Class 042. Some of the wording in the identification of services is indefinite and/or broad and may comprise services in several international classes.
In the identification of services, applicant must use the common commercial or generic names for the services, be as complete and specific as possible, and avoid the use of indefinite words and phrases. In the present case, where indicated, applicant must further specify the nature of the services, using common commercial names, and classify the services accordingly.
Also, applicant must remove the parentheses from the identification of goods and/or services and incorporate the parenthetical information into the description. Generally, parentheses and brackets should not be used in identifications. Parenthetical information is permitted in identifications only if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).” TMEP §1402.12.
Suggestions and explanations are incorporated into the proposed wording below in bolded font. Applicant may adopt the following wording, if accurate:
"“Online advertising; providing online business or commercial directory services [indicate the nature of the directory]; ecommerce services, namely, _____ {list specific services, using common commercial names, in Class 035, e.g., providing online retail stores featuring laboratory testing equipment}” in International Class 035.
“Laboratory testing services; Website services, namely, _____ {list specific services, using common commercial names, in Class 042, e.g., hosting websites on the Internet, building and maintaining websites}; Computer and technological professional services, namely, website services, namely, _____ {list specific services, using common commercial names, in Class 042, e.g., hosting websites on the Internet, building and maintaining websites}; social media services, namely, _____ {list specific services, using common commercial names, in Class 042, e.g., providing technology consulting in the field of social media}; and scientific laboratory research utilizing chromatography and real-time PCR techniques for determination of known and unknown compounds and genetics” in International Class 042.
“Social media services, namely, online social networking services” in International Class 045."
__________________________________________
SO THEY TOLD HIM ON JULY 3, 2012 EXPLICITLY HOW TO CHANGE THE APPLICATION AND GAVE HIM SIX (6) MONTHS TO DO IT!!!!
At this point, ol' Trademark Attorney, Raj Abhyanker would normally have made the suggested changes, certainly within six months, sent it back to the USPTO, and RIGH'S BUDGENIUS WOULD HAVE HAD A TRADEMARK!!
Easy-peezy... right?
But MIA CEO Angel Stanz was MIA by then, afraid to raise come out of the shadows!!!
So, six months later, on Jan 29, 2013, the BUDGENIUS TRADEMARK was ABANDONED!! Because of NEGLECT- NOT REFUSAL!!
CEO missing? Neglect and no TRADEMARK!!!
CASE CLOSED!
