The application for trademarking "Medical Greens" met it's response deadline today... According to this letter sent to I Equity (note I Equity also applied for Cannabeer, CBD Drink Co., Simple Prepay, and PharmaJanes which all have similar letters if you look them up) : http://tsdr.uspto.gov/documentviewer?caseId=sn85874333&docId=OOA20130627102539
Applicant is advised that, upon consideration of the information provided by applicant in response to the above requirement, registration of the applied-for mark may be refused on the ground that the mark, as used in connection with the identified services, is not in lawful use in commerce.
They had six months to resolve these issues with the application:
REQUIREMENT FOR ADDITIONAL INFORMATION – MARIJUANA-RELATED SERVICES
To permit proper examination of the application, applicant must submit additional information about the services. See 37 C.F.R. §2.61(b); TMEP §814. The requested information should include fact sheets, brochures, advertisements, and/or similar materials relating to the services. If such materials are not available, applicant must provide a detailed factual description of the services. Any information submitted in response to this requirement must clearly and accurately indicate the nature of the services identified in the application.
In addition, applicant must submit a written statement indicating whether the services identified in the application comply with the Controlled Substances Act (CSA), 21 U.S.C. §§801-971. See 37 C.F.R. §2.69; TMEP §907. The CSA prohibits, among other things, manufacturing, distributing, dispensing, or possessing certain controlled substances, including marijuana and marijuana-based preparations. 21 U.S.C. §§812, 841(a)(1), 844(a); see also 21 U.S.C. §802(16) (defining “[marijuana]”). The CSA also makes it unlawful to sell, offer for sale, or use any facility of interstate commerce to transport drug paraphernalia, i.e., “any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under [the CSA].” 21 U.S.C. §863.
Finally, applicant must provide written responses to the following questions:
- “Do applicant’s identified services involve the provision of marijuana, marijuana-based preparations, or marijuana extracts or derivatives, synthetic marijuana, or any other illegal controlled substances?;” - “Do applicant’s identified services involve the handling or possession of marijuana, marijuana-based preparations, or marijuana extracts or derivatives, synthetic marijuana, or any other illegal controlled substances?;” - “Are the applicant’s services lawful pursuant to the Controlled Substances Act?”
