Replies to post #58269 on Bots Inc (BTZI)

[tommyh8484]

Thanks. So they have to respond to the trademark application:

Status Update! On Saturday, April 11, 2015, status on the EM-J trademark changed to NON-FINAL ACTION - MAILED.


3. Office Action

An Office action issues to notify the applicant regarding problems with the application. This will include the reason why registration is being refused or what requirements must be satisfied. In most cases, the applicant must respond to an Office action within 6 months from the date the Office action is issued or the application will be abandoned.

There are two types of Office actions: non-final and final. A non-final Office action raises an issue for the first time. A final Office action issues when the applicant's response to the prior Office action fails to address or overcome all issues. An applicant's only response to a final Office action is either compliance with the requirements or appeal to the Trademark Trial and Appeal Board.

[lesgetrich]

I think we now know why the EM-J has been delayed. The USPTO is objecting to their trademark...

MCIG Patent Application - Non-Final Action Correspondence

The Controlled Substances Act (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]”). In addition, the CSA 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.

Without trademark protection, any other company can produce a knockoff product with the same name. This delay has been pretty much outside of management's control. All of the blame speculation of the last few weeks has been misplaced. They've been waiting for the USPTO response which came on 4/11/15. Not sure how they'll be able to handle this. Maybe they'll have to just risk releasing the product without the USPTO trademark protections.