SOHM Inc (SHMN)

[SLC-JD]

Patents and Trademarks are very different things - patents protect novel inventions, trademarks protect trade names/logos (marketing shit)

While the patents I have worked on are all related to computer systems, I feel pretty confident in stating that BrainWise would not qualify for a patent with USPTO - a 'unique formulation' of common ingredients generally doesn't get there.

It looks like the Mark application failed because the company was unable to demonstrate use in the marketplace. Given that they only announced their distribution partnership a few months ago, it's not surprising that they couldn't demonstrate use of the Mark (the tweets/PRs probably aren't sufficient).

It's possible that they could revive the filing for the Mark, although the fact that it's been used in trade for awhile (albeit for what I assume is the same product) may impact the outcome.