What this record means
The record shows that FIRSTWHIFF is an abandoned application – the USPTO marked it “dead” after DigiScents, Inc., a Delaware corporation, failed to answer an Office action, with the abandonment dated February 1 2002. The only goods and services listed are a customer‑rewards program that gives advanced access to news, information, demonstrations and promotions in the field of digital scent technology, filed under class 042. A similar name would raise the closest concern if you’re offering a digital‑scent‑related service or rewards program, because the record’s protection is limited to that specific description. The record does not give DigiScents control over every use of the word “firstwhiff” in unrelated fields. The prosecution history shows a non‑final action mailed on May 10 2001, assignment to an examiner on May 16 2001, and the final abandonment on February 1 2002; no enforcement actions appear in the file. I'd treat this as a meaningful concern if you plan a comparable digital‑scent service, but the risk fades for unrelated goods.
Informational only - not legal advice.