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  4. Rapid Fire Marketing, Inc. (RFMK) Message Board

It's all a sideshow and none of it matters anyway

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Post# of 11899
Posted On: 09/08/2012 10:58:52 PM
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Posted By: EliteYoda
Re: Duncansdad #3637

It's all a sideshow and none of it matters anyway because the irrelevant application which was filed by THC Scientific nearly a month ago will probably get denied. The application was for a "service mark" anyway, it is not even an application for a "trademark", though often the terms are used synonymously. The is a distinction there though from the perspective of law and trademark rights :


http://www.uspto.gov/faq/trademarks.jsp#_Toc275426673


"A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others ."


"A service mark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to both trademarks and service marks."


Basically, this service mark that THC Scientific has applied for, only costs a few hundred dollars to file and it is rather obvious that the real intention seemed to be to cause a stir for RFMK but really for knowledgible investors and the company, the fascade is easily seen for what it is, a weak attempt to instigate a legal hassle in the hopes for a future return; whether it be via manipulating the stock or hassling the company to hopefully get them to pay for the service mark at some point in the future. It seems clear that there was never any real intention from THC Scientific to obtain the service mark in order to protect their rights as regards providing a service for the "CannaCig". BTW, there are also legal consequences for a company to apply for such a trademark or service mark and not exactly complying with the rules and regulations surrounding a proper application. THC Scientific, wake up, read this document, this is for you!


http://www.uspto.gov/trademarks/law/tmlaw.pdf



"That the applicant has a bona fide intention to use the mark shown in the accompanying drawing in commerce on or in connection with the specified goods or services; that the applicant believes it is entitled to use the mark in commerce; that to the best of the declarant’s knowledge and belief, no other person has the right to use the mark in commerce , either in the identical form or in such near resemblance as to be likely, when applied to the goods or services of the other person, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true."


" If the mark is not in fact being used by the applicant but is being used by one or more related companies whose use inures to the benefit of the applicant under section 5 of the Act, such facts must be indicated in the application.
(c) The Office may require such details concerning the nature of the relationship and such proofs as may be necessary and appropriate for the purpose of showing that the use by related companies inures to the benefit of the applicant and does not affect the validity of the mark."



So because THC Scientific (Gary Bay) has submitted the application, he thereby agrees with the above statutes, conditions and requirements which expressly states that the applicant believes that no other has the right to use the mark in commerce and that the applicant has indeed included Rapid Fire Marketing Inc in the application has a company of whom would be injured to the benefit of the applicant, should the service mark be granted. This entails a great deal on the applicant. It means that Gary Bay thinks that THC Scientific has the right to use the "CannaCig" brand and RFMK does not. This is preposterous because the "CannaCig" came out as a product and RFMK was providing the service of manufacturing the device and selling the design to distributors by Spring time, yet Gary Bay only applied for this service mark in mid August. It is clear that THC Scientific has no product or service relating to any title or brand labeled "CannaCig" right now therefore because RFMK already is using it, RFMK actually has the rights to the brand, not THC Scientific. Here is a critical point. Even if THC Scientific used the "CannaCig" at some point in the past, it matters not , because, they for some time have not used it therefore in the eyes of trademark law, because another company (RFMK) is already using the brand in commerce  now , only RFMK has the legal right to use the trademark. So it has been suggested that there are some secret documents out there to show that THC Scientific actually was using "CannaCig" in commerce in the past and these alleged documents are ready and waiting to be used in court, Hahahahahahah, that is a riot, guess what, even if they exist, which is highly unlikely , it does not even matter, because, THC Scientific has not used or been using the brand label "CannaCig" at any time in the last year or two or... and RFMK has been using it already .


Game, set, match. Try again, or actually, Do .


Do or do not, there is no try . <== Some people and other companies need to understand this concept.


$RFMK!



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