Alright. Today’s (yesterday’s) summary of developments.
1. I called and had a nice chat with a US Patent and Trademark Office agent¹ who was very open about the status of Mr. Garza’s claimed PayCoin and the following was disclosed:
A. Mr. Garza nor any of his business entities have been issued a trademark (tm) for the “PayCoin” name, term, likeness, and/or its commercial use protection.
B. The application to trademark the word was received last month by a third-party web service (like legal-zoom) who mills out these type of applications every day and was likely hired by GAW to submit the initial application.
C. The “serial number” associated with the listing (86444905) is simply an application submission reference number and nothing more.
D. The application has not yet even been assigned to an internal USPTO agent/attorney to vet the paperwork and determine if the PayCoin word is available to be tm’d. This process typically takes 3-4 months at a minimum and as long as 12-18 months.
E. It was determined GAW and/or this service they hired falsified the application where the applicant had to certify the date of the word’s and/or term’s first use within the public domain.² (a note regarding this observation was added by the agent to the application file)
F. At this time, 12/12/2014, PayCoin is still within the open public domain with the first right of refusal going to its original (PYC) developers and/or the community who financially staked it.
G. GAW/Zen have no exclusive right or protection to restrict the use of PayCoin or to control others who wish to use it. In fact, any relevant parties can issue a legal C&D communication to GAW and demand they stop harming/interfering with the activity of the existing owners.
H. It is likely a letter of suspension stating the application is denied or “miss-assigned” will be forwarded to GAW once the USPTO agent/attorney investigates the circumstances of the misinformation submitted on the application along with the marketing activities taking place as I write this.
2. A little research in to the corporate formation/structure of GAW Miners, L.L.C. in Delaware³ shows:
A. All the other DBA’s used by Mr. Garza and his businesses are likely not registered – at least in all the states the principles reside in.
B. GAW Miners, L.L.C. was also registered online using a third party incorporation mill. No attorneys were involved.
C. There was only 1 page filed in the initial Members list and no financial or shares data was given.
D. Like many other states that allow the formation of a single member L.L.C., the correct terms to who is running the organization must be stipulated, which was/is not done in this case.
Many people do not realize an L.L.C. is a limited liability partnership comprised of members – or managing members; not a traditional corporate hierarchy like that of an INC. What does this mean?
Mr. Garza is not and cannot be a “CEO”.
Mr. Garza is not and cannot be a “President”.
There is not and cannot be any ITO’s. CFO’s, COO’s. O-O-O’s or Cheerios…
Therefore, if anyone attempts to contact you using any of these ill-gotten titles while trying to protect you from yourself, tell them to pi$$ off and stop playing a game they know nothing about. PERIOD™.
Scott-
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¹ USPTO (1-800-786-9199) call reference file number: 1-317124225
²
http://gawgate.com/pdf/PAYCOIN%20trademark%20owned%20by%20Geniuses%20at%20Work%20Corporation%20-%20Serial%20No.86444905.pdf³
http://gawgate.com/pdf/Division%20of%20Corporations%20-%20Online%20Services.pdf