Monday, October 30, 2017

Is This Recent Trademark Application for Bartending Robots?

On October 25th, a company called Lush Robotics, Inc. filed a federal trademark application with the U.S. Patent and Trademark Office for LUSH [standard characters] covering a variety of goods and services that appear to be related to robots (and possibly bartending robots).
The goods and services covered by this futuristic application are:
  • Entertainment services, namely, appearances by robots; providing bartending services (Class 41);
  • Beverage preparation machines; industrial robots (Class 7); and
  • Computer programs, downloadable computer programs and mobile device software for control of intelligent robot, for beverage, snack and food mixing, for conducting financial transactions, for image recognition, for communicating with other users, for sending beverages and redeemable credits to other users and for social networking (Class 9).
Bartending robots? Or just a fancy vending machine? Unfortunately, this application does not give us much more detail.

Lush Robotics filed the application on an intent-to-use basis, suggesting it is not currently providing these goods/services under the LUSH mark but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). Therefore, Lush Robotics did not need to submit any specimens showing how this trademark is being used in commerce, which would have shed some more light on these goods and services. TMEP 904. However, Lush Robotics will need to eventually submit acceptable specimens if it desires a registration for this mark. TMEP 902.

According to my quick search, Lush Robotics, Inc. does not even have a website, although the trademark application indicates they are a Delaware corporation located in Palo Alto, California. This appears to be the first trademark application filed by the company with the USPTO.

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