Replies to post #63401 on Rightsmile, Inc. (RIGH)

[FullDeck]

No one claimed RIGH couldn't USE the trademark, burn. Just that it was "abandoned."

It's another sign of corporate neglect or more likely- absence.

Anyone who wants to use that TM now CAN use it, until RIGH mounts a costly effort to prove they have been ACTIVELY using it for corporate commerce.

It's just one more of the many warning signs that no one is at the helm at RIGH, your phone calls with Angel notwithstanding. ;-)


Good research on your part, though.

[my2Mustangs]

ROTFL-Again the tm has never been questioned. Anybody and everybody can use a tm and never even intend to file an application, but if somebody else starts using it and files an application, at a given point DudGenius(tm) could be sued.

You may only use the federal registration symbol "®" after the USPTO actually registers a mark, not while an application is pending. And it may only be used on or in connection with the goods/services listed in the federal trademark registration and while the registration is still alive ( you may not continue to use it if you don’t maintain the registration or it expires).
www.uspto.gov/faq/trademarks.jsp#_Toc275426673

So where does BG Medical Technologies go from here?
>>> FACT: Legally, they don’t have to do anything. We’ve proven they can continue to use the TM.

>>> FACT: Technically the mark is no longer active and the symbol "®" probably should not be used.
The USPTO have bigger fish to fry than a small up-and-coming company who at one time provided the proper registration documents, and were issued a symbol "®" by the USPTO.

1)The "application" never made it past an application because Aaron never responded to the letter sent by the USTPO to Aaron a short time after Aaron sent the application. The tm was and never has been a registered mark, just an application.

2)Who cares, Aaron applied and never replied = "dead" and "abandoned."

3)Filing an application does not equal a registration.

4)Aaron never provided "proper registration documents" only an application and when the USTPO raised questions about it, Aaron never responded, therefore, the USTPO never issued the R symbol, Aaron apparently thought that nobody would do any real DD to see if he was lying again or not and guess what, we checked and he is still lying about having a registered mark.

5)First it is said, that the "USTPO doesn't say the R symbol can't be used" then in the same DD it says,

( you may not continue to use it if you don’t maintain the registration or it expires).

Doesn't "may not" mean the same thing as "can not?"

Never mind, denial and 35 out of 50 says pretty much all of it.

Doesn't matter, when Matt stops paying and the attention is over and gone, RIGH will be right back to where it startedbut it will be slow bleed, they always are.