Notice: I am going to be deleting offending advertisements this week due to having to comply as follows:
Draft of Response for USPTO Application Serial Number 87454318
1) Previously filed Application Serial Number 86722991
a) There should be no confusion as this applicant is limited to Financial Services whereas Application Serial Number 87454318 is a directory which may include advertisers who offer financial services but is a directory of resources including doctors, lawyers, farms, fertilizers, real estate and other agricultural support services and products relating to natural agricultural products;
b) The competing mark is for two words “Green Rush” whereas my mark is one word “GreenRush” with non-exclusive use of “General Store” but with my logo as a quality assurance mark regarding products or services offered and the holder of the advertising proving they have necessary licenses to engage in their business. So we are in non-competing parallel business that are easily distinguished as advertisers rather than financial consultants which may mean they are counseling how to circumvent Schedule I prohibitions and for different purposes;
c) I also know that the attorney for the competing mark knew of my use as of ______2017 when I attended the continuing legal education program they put on with their partner in Brand and Branch (neither of the attorney’s names) for the National Cannabis Bar Association but they never indicated they had filed for a mark or had a competing interest with their client. I only found out when I was notified by the USPTO in December 2017, more than 6 months after their response was due;
d) I do not sell anything except advertising and have been using the mark with logo in commerce since August ___, 2017, with a banner which was then produced and added to the website “GreenRushGeneral Store.net” front page (see copy of screen shot attached hereto) since September 2017 and a promotion for a free cryptocurrency coin to sign up”. If this needs to be discontinued I will comply;
e). Finally, I believe they should not be granted a mark in preference for mine as I may not have filed if they had honestly spoken to me about their client’s interest and filing at any time prior to December 10, 2017, indicating some kind of secret filing by their attorney.
2) Identification of Services
a) I accept the proposed changes to read “International Class 35: Providing an online membership driven business information directory featuring listings to connect goods and services to customers pertaining to natural agricultural products and cannabis products”. If the addition of “and cannabis products” is offending I am willing to delete that addition and limit it to “natural agricultural products.”
3) I accept the proposed mark description “The mark consists of two characters, one male and one female, with san image of a leaf between them and the wording “GREENRUSH GENERAL STORE” above them.”.
I accept the need to disclaim the wording General Store as unregisterable and do not claim exclusive rights to terms others may need to use to describe their services in the marketplace:
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “GENERAL STORE” APART FROM MARK AS SHOWN.
5) ADDITIONAL INFORMATION REQUESTED
a) fact sheets, brochures, advertisements, and/or similar materials
b) detailed factual description of services. Clear and accurate
6) Controlled Substances Act Statement
I believe my application does not contravene 21 USC 801-971 and will require any advertiser or advertisement to certify same, that information is for educational purposes and not to allow prohibited manufacturing, distributing, dispensing, or possessing certain controlled substances including marijuana and marijuana-based preparations and any advertising that will not comply shall be removed.
Additionally, no advertising will be allowed that offers to sell, offer for sale, or use any facility of interstate commerce to transport drug paraphernalia, 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 or inhaling, or otherwise otherwise introducing into the human body a controlled substance, possession of which is unlawful under [the CSA] including extracts including CBD. All offending advertising will be removed and members have to indicate their location so that I may maintain compliance with US law.
This includes “all parts of the the plant Cannabis sativa L, whether growing or not, the seed thereof, the resin extracted from any part of such plant, every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin but does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative or mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seeds such plant which are incapable of germination.
Applicant’s identified services will not involve the possession, sale, or provision of, or facilitate the sale of, marijuana, cannabis, hemp, marijuana-based, cannabis based or hemp-based preparations, or marijuana, cannabis or hemp-based extracts or derivatives which are derived from any part of the plant Cannabis sativa L other than the mature stalks or seeds from said plant synthetic marijuana, or any other controlled substance and this will now be stated plainly on the front page of the online site or any sites under my control.
Applicant’s identified services will not involve the possession, sale, or provision of, or facilitate the sales of oils, extracts, compounds, or derivatives obtained from resins extracted from any part of the Cannabis sativa L plant including the stalks, flowering tops or seeds of said plant.
To the best of applicant’s knowledge and belief the services on which the mark will be used compliant with with the federal Controlled Substances Act and all non-comforming advertising is being deleted and will be maintained deleted by January 10, 2018.
This is first being sent to Lindsey H. Ben (Lindsey.Ben@uspto.gov) for initial comment and then subsequently filed responses will be on file timely after the Trademark Examining Attorney has responded or by January 31, 2018, if no response has been filed by then.