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Dear esteemed List,<br><br>
Below is a draft of what I propose to send to a Trademark Examiner in an
attempt to get an application un-suspended.<br><br>
The suspension is based on a preexisting application that was filed in
2021, but remains pending because no Trademark Examiner has been
appointed. This is one of those China / "order to show
cause" cases where the named attorney on the preexisting application
is apparently fake.<br><br>
<b><i>Comments and suggestions are welcome.<br><br>
</i></b> - Charles<br><br>
<br>
************* <font color="#FF0000"><b>D R A F T</b></font>
**************<br>
<blockquote type=cite class=cite cite="">To: @USPTO.GOV<br>
From: <br>
Subject: <br>
Cc: "Trademark Assistance Center"
<TrademarkAssistanceCenter@USPTO.GOV>, TMPolicy@uspto.gov,
TMFeedback@uspto.gov<br><br>
Dear __________,<br><br>
This is an informal communication regarding:<br><br>
APPLICATION:<br>
MARK: ____________ (stylized)<br>
Law
Office: <br>
<br>
I write on behalf of the Applicant (the Applicant") as the attorney
of record.<br><br>
The application is currently suspended, pending resolution of two
applications:<br><br>
-- _________ which was abandoned July 16, 2024, and is no longer a
basis for suspension; and<br><br>
-- a preexisting application for ____________ (the
"Preexisting Application"). <br><br>
The Preexisting Application was filed May 13, 2021. A Letter Of
Protest Memorandum ("LOP") was entered on June 17, 2024, which
refers to registration #______ for ______ (words only) which is owned by
the Applicant, and is senior to the Preexisting Application. But
because no Trademark Examiner has been assigned to the Preexisting
Application, the LOP has not been reviewed. Until an Examiner is
assigned, the Preexisting Application will remain pending, and the ______
(stylized) application at issue here may remain suspended as a
result.<br><br>
This is an absurd and possibly illegal situation. The Applicant is
unable to compete registration as long as suspension continues, and
appears to be without due process to challenge the cause of the
suspension. Not being able to complete registration harms the
Applicant by (as examples) preventing it from obtaining the protections
of (1) the Bureau of U.S. Customs & Border Protection and (2)
Amazon.com's brand registry -- in both cases to prevent sales of
knock-off goods during the period when the Applicant's product under the
mark is most popular.<br><br>
I have since learned that there is another reason -- a reason apart from
the Applicant's senior registration -- that the Preexisting Application
should not provide a basis for suspension. The attorney named in
the Preexisting Application -- "Jackson George" -- is
apparently <b><i>fictional</i></b>.<br><br>
The basis for this conclusion is the "Show Cause" order issued
on August 25, 2022 addressed to Chen Huanyony (and others), a copy of
which I attach ("ORDER TO SHOW CAUSE 90512567.pdf"). As
you will see, the Order refers to Jackson George, "a presumed
fictitious attorney" who's name was used on literally thousands of
applications based on "false, fictitious or fraudulent
information."<br><br>
Accordingly, the Preexisting Application should not provide a basis for
suspension both because of the Applicant's senior rights,
<b><i>and</i></b> because the Preexisting Application is invalidated by
false or fictitious information or fraud, or all three.<br><br>
<b>REQUEST<br><br>
</b>If you have the power to do so, please lift the Suspension that was
issued June 13, 2024 on the POP IT! application, and allow it to proceed
to publication.<br><br>
Alternatively, I request guidance on what procedure may be available to
move the POP IT! application forward, and, toward that end I am also
copying "Trademark Assistance Center"
<TrademarkAssistanceCenter@USPTO.GOV> and TMPolicy@uspto.gov and
TMFeedback@uspto.gov.<br><br>
Respectfully submitted,<br><br>
ATTORNEY FOR APPLICANT in Serial #79340735 for POP IT! (stylized) <br>
Signature: /Charles B. Kramer/ <br>
December <font color="#FF0000"><b>___</b></font>, 2024<br>
Signatory's Name: Charles B. Kramer <br>
Signatory's Position: Attorney of Record, New York <br>
State bar member in good standing admitted in New York 1983 Bar #1890888
</blockquote><br>
<b>===========================================<br>
Charles B. Kramer, Esq.<br>
~ <i>ATTORNEY</i> ~ <br>
</b>Linkedin:
<a href="http://www.linkedin.com/in/charleskramer" eudora="autourl">
www.linkedin.com/in/charleskramer</a> <br>
Tel: +1 917-512-2721<br>
Email: charles.b.kramer@gmail.com <--- for direct
responses (I don't monitor CharlesBKramer.TM@gmail.com)<br>
Mail: 200 E. 10th Street, No. 816, New York, NY
10003<br>
Blog:
<a href="https://www.provideocoalition.com/CharlesBKramer/" eudora="autourl">
https://www.provideocoalition.com/CharlesBKramer/<br>
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