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<font size=3>Whoopee!<br><br>
I cannot be sure, but I like to believe that the appointment of an
Examiner and the resulting Office Action is a direct result of my email
below. About the Action:
<dl>
<dd>
<a href="https://tsdr.uspto.gov/documentviewer?caseId=sn90708026&docId=NFIN20250925173359&linkId=1#docIndex=0&page=1" eudora="autourl">
https://tsdr.uspto.gov/documentviewer?caseId=sn90708026&docId=NFIN20250925173359&linkId=1#docIndex=0&page=1</a>
<dd>
<dd>ACTION ON THE MERITS AND SEARCH DEFERRED A full review of the merits
of the application and a search of the USPTO database of registered and
pending marks for potentially conflicting marks are deferred until
applicant responds to the issues raised in this Office action. TMEP
704.02.
<dd>
<dd>SUMMARY OF ISSUES:
<dd> Advisory: Application Undergoing Administrative Review and Invalid
Party
<dd> U.S. Counsel Required
<dd> Suspension Advisory and Response Options
</dl>Thank-you Deputy Commissioner!<br><br>
Best,<br><br>
- Charles<br><br>
<br>
<b>8/30/2025, Charles B. Kramer wrote</b>:<br><br>
<blockquote type=cite class=cite cite="">Dear Deputy Commissioner...
[recipient omitted]<br><br>
This is an informal communication regarding:<br><br>
</font><tt>
APPLICATION: Serial
#79340735
<a href="http://tdr.uspto.gov/search.action?sn=79340735">
http://tdr.uspto.gov/search.action?sn=79340735</a> <br>
MARK:
POP IT! (stylized) <br>
LTR. OF SUSPENSION June 13, 2024 <br>
Law
Office
125<br>
</tt><font size=3><br>
I write on behalf of the Applicant as the attorney of record in the
Application, in which a Letter of Suspension was issued June 24, 2024 and
most recently continued on May 23, 2025. The Suspension is based on
the sole remaining obstacle to registration -- namely, the preexisting
application for:
<dl>
<dd>MINI POP IT (Serial 90708026)
<a href="http://tdr.uspto.gov/search.action?sn=90708026" eudora="autourl">
http://tdr.uspto.gov/search.action?sn=90708026</a>
</dl>But MINI POP IT should not be an obstacle for the following
reasons:<br><br>
<b>1. <u>BACKGROUND: The Bubble Popping Game Craze<br><br>
</u></b>Bubble popping games are "fidget" games that simulate
the experience of idly popping bubble wrap, and make that experience
repeatable. The Applicant's bubble popping game, and its associated
trademark POP IT! are famous.<br><br>
The Applicant (including its affiliate companies) own multiple
registrations for the underlying POP IT! mark including Reg# 6183005
<a href="http://tdr.uspto.gov/search.action?sn=88613618" eudora="autourl">
http://tdr.uspto.gov/search.action?sn=88613618</a> (the "Senior
Registration") and Reg# 7516948
<a href="http://tdr.uspto.gov/search.action?sn=97475341" eudora="autourl">
http://tdr.uspto.gov/search.action?sn=97475341</a>. <br><br>
<b>2. <u>The Senior Registration gives the Applicant Seniority over
MINI POP IT<br><br>
</u></b>The Mark in the instant Application is for a stylized version of
exactly the same mark as in the Senior Registration, and for exactly the
same goods: bubble popping games. It was filed Sep. 11, 2019 and
became registered Oct. 27, 2020.<br><br>
In comparison, the MINI POP IT application was filed May 13, 2021.
<br><br>
Accordingly, the Senior Registration gives the Applicant seniority in
this matter, and MINI POP IT should not be an obstacle as a
result.<br><br>
<b>3. <u>Other applications have been rejected on the basis of the
Applicant's Senior Registration<br><br>
</u></b>The fame of the Applicant's POP IT! has naturally spawned
imitators, many of whom filed applications for confusingly similar marks
subsequent to the Senior Registration -- <i>and were refused
registration on that basis</i>. See, as examples:
<dl>
<dd><b>R</b>efusal to register POP IT PUSH TOY
<a href="http://tdr.uspto.gov/search.action?sn=90770520" eudora="autourl">
http://tdr.uspto.gov/search.action?sn=90770520</a>
<dd>
<dd><b>R</b>efusal to register POP IT FIDGET TOYS
<a href="http://tdr.uspto.gov/search.action?sn=90516271" eudora="autourl">
http://tdr.uspto.gov/search.action?sn=90516271</a>
<dd>
<dd><b>R</b>efusal to register POP ITS
<a href="http://tdr.uspto.gov/search.action?sn=90746447" eudora="autourl">
http://tdr.uspto.gov/search.action?sn=90746447</a>
</dl>all of which cite the Senior Registration as a basis for refusing
registration. Accordingly, the MINI POP IT application clearly also
will inevitably be denied registration, and should not be an obstacle to
the Applicant's application at issue.<br>
<br>
<b>4. <u>The MINI POP IT application was based on fraud<br><br>
</u></b>MINI POP IT should not be an obstacle to the Applicant's
application for a reason wholly independent of the fact the Applicant
owns the Senior Registration -- namely, the MINI POP IT application was
based on fraud. 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 [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> independently, because the Preexisting Application is
invalidated by false, fictitious or fraudulent information.<br><br>
<b>5. <u>No Trademark Examiner has been assigned to MINI POP
IT<br><br>
</u></b>No Trademark Examiner has been assigned to the MINI POP IT
application -- despite the fact it was filed <b><i>over four years
ago</i></b> (May 13, 2021). It remains in limbo.<br><br>
This is an absurd and possibly illegal situation. The Applicant is
unable to complete registration as long as the suspension of its
application continues. <i>A<b>nd the Applicant cannot challenge the cause
of the suspension -- </i></b>MINI POP IT<b><i> -- </i></b>as long as no
Examiner is assigned to that application. <br><br>
<b>CONCLUSION<br><br>
</b>The ongoing and improper suspension of the Applicant's mark deprives
my client of substantive rights without Due Process. As long as
suspension delays registration of the Applicant's mark, it cannot (as
examples) register its mark with Amazon's or Walmart's or like brand
registries, or with the U.S. Customs & Border Protection -- all of
which would help protect my client from the illegal importation and sale
of knock-offs. Meanwhile, other applicants continue to file
confusingly similar marks, for example POP IT PAL (stylized)
<a href="http://tdr.uspto.gov/search.action?sn=9239460" eudora="autourl">
http://tdr.uspto.gov/search.action?sn=9239460</a><br><br>
<b>RELIEF SOUGHT<br><br>
</b>The Applicant requests the Trademark Office to end the suspension of
its application so registration can follow in the ordinary
course.<br><br>
<b>PROFFER OF FURTHER EVIDENCE<br><br>
</b>All the facts asserted herein (for example, evidence that the
Applicant's bubble popping games are famous) are well documented in
Responses to Office Actions that are of record in this application.
The Applicant offers directly to provide such evidence and whatever
additional information may help to evaluate this matter.<br><br>
Respectfully submitted.<br><br>
- Charles Kramer</blockquote><br>
<b>===========================================<br>
Charles B. Kramer, Esq. ~ ATTORNEY ~<br>
</b>Linkedin:
<a href="http://www.linkedin.com/in/charleskramer" eudora="autourl">
www.linkedin.com/in/charleskramer<br>
</a> Tel: +1 917-512-2721<br>
Email: charles.b.kramer@gmail.com <<<<<<<<
for direct responses<br>
Mail: 200 E. 10th Street, No. 816, New York, NY 10003<br>
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