Saturday, May 10, 2014 8:30:07 AM
Actually anyone can use the BudGenius name if they were either using it commercially before RIGH or are located in a different area. BudGenius may only have common law rights to the name where they are currently conducting business and cannot prevent someone else in other locations from using it since it was never federally registered. Even if they attempted to dispute the use against someone else, they would have to prove that they were using it commercially prior to the other company and even then they might not be successful.
It was obviously abandoned because they didn't overcome some issues in the process. Also it says ABANDONED not EXPIRED or CANCELLED. There is a big difference. Abandoned means it never registered. They filed in March 27, 2012 and it was abandoned on January 4, 2013. They didn't respond to a refusal(s) letter in a timely manner.
Even if it was registered, anyone that was using it commercially prior to RIGH can continue to use it, but can't expand outside of where they are currently doing business. It is a complicated area which is why I use a Trademark attorney, that was a USPTO examiner for several years, to handle any issues I have of people attempting to use my service mark.
I have a registered Service mark for my business and nothing stops the process, but the USPTO sending a refusal letter or office action, otherwise it sails through and you are issued a registration number. The registration certificate comes several weeks later.
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