Rightsmile, Inc. (RIGH)

[FullDeck]

Key point is RIGH used the "®" mark FRAUDULENTLY...

...when it promoted Budgenius as BUDGENIUS® (Registered Trademark Symbol)

You're exactly right about the sequence of events, Marc. The documents (which it appears you've looked at) are all on the USPTO website. The application was made to the USPTO, and RIGH was sent an "Office Action" (a pretty standard occurrence) explaining exactly what changes were needed to make the application acceptable.

RIGH never responded to that "Office Action" with the corrections, so the application was "ABANDONED" and the Registered Trademark was never issued.

So, RIGH NEVER HAD A "REGISTERED" Trademark for BudGenius, yet used the "®" Registered Trademark symbol with the BudGenius name.

According to the International Trademark Association, this "may result in claims of fraud"-

The ® symbol is a notice of registered ownership used in many countries or regions to advise the public that a trademark or service mark is registered and providing constructive notice of the legal ownership status of the mark with which it is used. The ® symbol should be used only in connection with registered marks. Use of ® with any unregistered trademark may result in claims of fraud or other difficulties in trying to obtain and/or enforce trademark rights.

SOURCE:
http://www.inta.org/TrademarkBasics/FactSheets/Pages/TrademarkSymbolsFactSheet.aspx

So the question isn't so much about whether others could use the name, as it is about RIGH's fraudulent use of the ® symbol for BudGenius.

And the even larger question of why such an easy, minor action as responding to the USPTO request went neglected by Angel! It would have taken very little to do this legally, yet he did not.

More details here:

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=97126198

Thanks for the explanation, Marc.

Best to all.