<html>
<body>
Janice Housy wrote:<br>
<blockquote type=cite class=cite cite="">In addition to the Managing
Attorney, perhaps send to tmscams? They sent me an email about
applications I took over that are apparently under investigation.
The email wasn't overly helpful-- but they seem to be the office with
information about what is being done with applications filed by sham
attorneys/suspected sham attorneys</blockquote><br>
TMScams@uspto.gov... why not?<br><br>
Thanks for the suggestion.<br><br>
- Charles<br><br>
<br>
<blockquote type=cite class=cite cite="">Dec 1, 2024 Charles B. Kramer
via E-trademarks
<<a href="mailto:e-trademarks@oppedahl-lists.com">
e-trademarks@oppedahl-lists.com</a>> wrote:
<dl>
<dd>Dear esteemed List,
<dd>Below is a draft of what I propose to send to a Trademark Examiner in
an attempt to get an application un-suspended.
<dd>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.
<dd>Comments and suggestions are welcome.
<dd> - Charles<br>
<dd>************* <font color="#FF0000">D R A F T</font>
**************<blockquote type=cite class=cite cite="">
<dd>To: @<a href="http://USPTO.GOV">USPTO.GOV</a>
<dd>From:
<dd>Subject:
<dd>Cc: "Trademark Assistance Center"
<<a href="mailto:TrademarkAssistanceCenter@USPTO.GOV">
TrademarkAssistanceCenter@USPTO.GOV</a>>,
<a href="mailto:TMPolicy@uspto.gov">TMPolicy@uspto.gov</a>,
<a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a>
<dd>Dear __________,
<dd>This is an informal communication regarding:
<dd> APPLICATION:
<dd> MARK: ____________ (stylized)
<dd> Law
Office:
<dd>
<dd>I write on behalf of the Applicant (the Applicant") as the
attorney of record.
<dd>The application is currently suspended, pending resolution of two
applications:
<dd> -- _________ which was abandoned July 16, 2024, and is no
longer a basis for suspension; and
<dd> -- a preexisting application for ____________ (the
"Preexisting Application"). <br>
<dd>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.
<dd>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.
<dd>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 fictional.
<dd>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."
<dd>Accordingly, the Preexisting Application should not provide a basis
for suspension both because of the Applicant's senior rights, and because
the Preexisting Application is invalidated by false or fictitious
information or fraud, or all three.
<dd>REQUEST
<dd>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.
<dd>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"
<<a href="mailto:TrademarkAssistanceCenter@USPTO.GOV">
TrademarkAssistanceCenter@USPTO.GOV</a>> and
<a href="mailto:TMPolicy@uspto.gov">TMPolicy@uspto.gov</a> and
<a href="mailto:TMFeedback@uspto.gov">TMFeedback@uspto.gov</a>.
<dd>Respectfully submitted,
<dd>ATTORNEY FOR APPLICANT in Serial #79340735 for POP IT! (stylized)
<dd>Signature: /Charles B. Kramer/
<dd>December <font color="#FF0000">___</font>, 2024
<dd>Signatory's Name: Charles B. Kramer
<dd>Signatory's Position: Attorney of Record, New York
<dd>State bar member in good standing admitted in New York 1983 Bar
#1890888 </blockquote></blockquote>
</dl><b>=========================================== <br>
Charles B. Kramer, Esq. <br>
~ ATTORNEY ~ <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 <b><--- for direct
responses (I don't always monitor CharlesBKramer.TM@gmail.com) <br>
</b> Mail: 200 E. 10th Street, No. 816, New York, NY
10003 <br><br>
<br><br>
<br><br>
</body>
</html>