Uncle Spliffy: A Future Empire of Marijuana and Swag?

Jay Lauren

Desktop - Uncle Spliffy

Ex-NBA Star Cliff Robinson’s newest goal of creating the “world’s first line of sports cannabis” has been buzzing all over the news/internet for the past few months. In preparation for their pitch at the upcoming Arcview Investor Summit, they launched their website this past week, making the following claims:
“Uncle Spliffy® is the premier, first to market, Sports Cannabis™ brand in the world! We are innovating “marijuana designed for athletes,” also known as Sports Cannabis™, which will become the third largest MARKET in the cannabis space behind Recreational and Medical Marijuana. Former NBA All-Star Cliff Robinson is now being recognized around the world as “the face of Sports Cannabis™” and is seen as a brilliant Ambassador and Market Maker for athletically oriented, designer marijuana products. Uncle Spliffy® — Created by Athletes, for Athletes!”
We recognize these statements are designed to build excitement about the upcoming launch and to increase investor interest. While we have questions on the estimated size of this market, we agree this niche is ripe for innovation. (But if really pushed to make an educated guess, we’d wager the Senior market will become the third largest segment.)
Unfortunately, the use of a United States Patent Office (USPO) Trademark symbol ® for Uncle SpliffyTM is a claim that can’t be supported. Any business can use the TM symbol whenever it wishes to claim a trademark, but the ® symbol may only be used after the US Government grants a Federal registration certificate.
A search of the USPO Trademark/Service Market Application Register, shows application #86881815 for Uncle SpliffyTM filed on January 21, 2016, with status notes that “New application assigned to an examining attorney for examination.” In other words, the trademark has not been approved. It also shows the application was submitted for “Hats; Pants; Shirts; Shorts; Sweatshirts; T-shirts”, which makes sense, Federally, as the key product in the business (marijuana) can’t be patented or trademarked.
We get that Uncle SpliffyTM wants to protect their brand name and also sell us tons of swag – and, no doubt, they likely will. It may be the use of the ® symbol was an oversight, and will be taken down until the application is approved. Either way, this won’t stop other companies or startups looking to sell marijuana products for sport-related conditions or into the sports’ cannabis product (no TM) market.

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