RFMK has a trademarkia business page. Are you awar
Post# of 11899
RFMK has a trademarkia business page. Are you aware of what that means as regards other companies attempting to use RFMK's logos, slogans and brands?
http://www.trademarkia.com/faqs/Who-uses-the-...rvice.aspx
"The Trademarkia business page service is used by marketing and business professionals looking to better establish visibility of their names, logos, and slogans on the Internet. By creating a business page on Trademarkia, you can place a large number of potential infringers on constructive notice that your business name, logo, or slogan is already being used in commerce and is not available. While this does not provide a proof of use in commerce for federal trademark registration purposes, it does help to establish a web identity for your brand.
There are no government filing fees to create a business page on Trademarkia. Alternatively, by paying government fees and filing to register your trademark, you can potentially get damages against infringement in addition to stopping others. If you upgrade a business page to a trademark registration request with the government at any time for $100 plus the government fee of $325. By filing a registration request with the government, you can seek federal protection for your name, logo, or slogan."
Basically, RFMK management can at any time upgrade their business page to a federal trademark if they feel that another company is threatening to steal a brand that they are already using. In the world of trademark law, the company already using the brand name, logo, etc in commerce is given the right to use the brand, no matter which company applied first for the trademark. Furthermore, THC Scientific has merely applied for a "service mark", for services, not a standard trademark for a product (goods). The problem for them is that RFMK has already been using the "CannaCig" brand and logo in commerce for months and months this year so it is not available, however, that fact alone does not prevent them from filing an application. Now, what the real intention was in filing such an application, I think, is quite obvious . I consider this fiasco a non-issue and it has been hashed-out by the boards a month ago when the application by Gary boy first was submitted for a few hundred bucks. The mistake could very well be proven, in time, to be one made by Gary boy and THC Scientific, because of an improper trademark application which was signed but obviously had the intention to deceive and create confusion because only RFMK has a product and brand actually being used in commerce right now with the "CannaCig" logo, no one else. It should be rather easily demonstrated that RFMK had the business page on trademarkia up and visible for all to see in Jan 2012 and had their products out selling to consumers and in the world of commerce before the summer, while Gary boy just recently Aug 2012 sent a legally-dubious application in to the government for the service mark. If we are talking about a company's amaturish behavior, we should probably start with THC Scientific.
Hope that helps ...
$RFMK!