Trademark Filing Suggest CVS Preparing to Offer Prescription Delivery via Drone
CVS Pharmacy is preparing to deliver prescriptions with drones. A recent trademark filing shows that the company even has a name for the service.
On September 12, the company filed a trademark application with the U.S. Patent and Trademark Office (USPTO) to protect ‘CVS Air Response‘ for the following services:
- Prescription goods delivered via drone
- Developing a network of drones for delivery of prescriptions
The filing was made on an “intent-to-use” basis, meaning CVS hasn’t launched the service yet, but has a “bona fide intent” to offer the drone delivery services soon.
Under U.S. trademark law, a company can file a trademark before launching a product or service, but it must eventually use the mark to offer the products/services to consumers to obtain a registration.
The caveat to this rule is that a company must have a “bona fide intent” to actually offer the services in order to file a trademark application. To comply with this rule, when filing the application, CVS’s representative then had to sign a sworn declaration as to the company’s “bona fide intent” to offer the drone delivery services.
Because of the foregoing legal requirements, large companies like CVS rarely file trademarks without clear internal initiatives underway. Therefore, the trademark filing strongly indicates that CVS is preparing to roll out drone prescription deliveries in the near future.
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
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