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My email to the Trademark Office appears to have spurred activity -- the
attached letter to the applicant, threatening sanctions, the first entry
in the record since 2021.<br><br>
Thoughts?<br><br>
- Charles<br><br>
<br>
*************(Forwarded Message)**************<br>
<b>12/6/2024, TM Policy wrote<br><br>
</b>From: TM Policy <TMpolicy@USPTO.GOV><br><br>
Thank you for your email. Your email will be reviewed and an answer or
update will be provided within two business days. <br><br>
Regards, <br><br>
<i>Office of the Deputy Commissioner for Trademark Examination
Policy<br><br>
United States Patent and Trademark Office<br><br>
</i> <br><br>
<b>From:</b> Charles B. Kramer, Esq. <charles.b.kramer@gmail.com>
<br>
<b>Sent:</b> Monday, December 2, 2024 7:38 PM<br>
<b>To:</b> ____________USPTO.GOV><br>
<b>Cc:</b> Trademark Assistance Center
<TrademarkAssistanceCenter@USPTO.GOV>; TM Policy
<TMpolicy@USPTO.GOV>; TMFeedback <TMFeedback@USPTO.GOV><br>
<b>Subject:</b> Serial #________ - suspension based on MINI POP IT
serial #90708026 <br><br>
Dear [Examiner]<br><br>
This is an informal communication regarding:<br><br>
APPLICATION:
Serial <br>
MARK:
<br>
Law
Office: 125 TM
Attorney<br>
<br>
I write on behalf of the Applicant as the attorney of record.<br><br>
The Applicant's 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 MINI POP IT serial #90708026 (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 #___________ (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
Applicant's application 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
presumed fictious [SIC] attorney" whose 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 Applicant's application, and allow it to
proceed to publication.<br><br>
Alternatively, I request guidance on what procedure may be available to
move the 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>.<br><br>
Respectfully submitted,<br><br>
ATTORNEY FOR APPLICANT in Serial #____________________<br>
Signature: /Charles B. Kramer/ <br>
December <b>2</b>, 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
<br><br>
=========================================== <br>
Charles B. Kramer, Esq. <br>
200 E. 10th Street, No. 816, New York, NY 10003 (mail address) <br>
<tt> Tel: +1 917-512-2721 (voice, voicemail,
text) <br>
Fax: +1 347-493-3583 <br>
Gmail:
<a href="mailto:charles.b.kramer@gmail.com">charles.b.kramer@gmail.com</a>
<br>
Linkedin:
<a href="http://www.linkedin.com/in/charleskramer" eudora="autourl">
www.linkedin.com/in/charleskramer<br><br>
<br><br>
<br>
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