Bots Inc (BTZI)

[lesgetrich]

Some people were saying things like MCIG is breaking the law or that they can't find any way to get around the trademark issue. I was just pointing out that if they read the actual response from the USPTO, they were trying to be helpful in offering ways to get around their objections by suggesting that MCIG amend their application. They could re-apply in class 10 and say that they were just offering a device with nothing in it or they could amend their class 5 application by saying specifically what legal medication they would be distributing.

From the USPTO response to MCIG...

USPTO response to MCIG

The wording “tobacco free cigarettes for medical purposes” in the identification of goods is indefinite and must be clarified because they do not clearly and accurately describe the nature of applicant’s goods. See TMEP §1402.01. More specifically, such tobacco free cigarettes can be either electronic or non-electronic (which are filled with combustable matter and lit and smoked like a regular cigarette. Furthermore, with regard to electronic cigarettes used for medical purposes, applicant must indicate whether the goods come pre-filled with medications and, if so, what the general disorders and ailments are that are treated with the medications. If the goods are sold empty, that is not pre-filled, then the proper class is Class 10. Applicant may substitute the following wording, if accurate: (Note that proposed changes have been placed in bold type. Some items require applicant to include more complete information. These have been designated with brackets{ } and bold italics. The information in the brackets is suggested as an example for applicant to follow and should not be merely “cut and pasted.”):

CLASS 5 – Tobacco free electronic cigarettes for medical purposes which come pre-filled with medications for use in the treatment of {specify the general ailments treated, e.g., chronic pain, arthritis, HIV, nausea, sleep disorders, eating disorders, seizures}

CLASS 10 – Tobacco free electronic cigarettes for medical purposes, sold empty of medications.

An applicant may only amend an identification to clarify or limit the goods, but not to add to or broaden the scope of the goods. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.