[E-trademarks] Petition to Make Special - infringement

[Lara Pearson]

I've had one rejected for not having included a cease-and-desist letter with it.  IIRC (without looking at TMEP or u deleting authorizing law) the language requires proving there's an ongoing infringement. While a C&D is obvious proof of ongoing infringement, perhaps there is other equally good proof that could be substantiated with an affidavit of an officer), 

I would also submit something like the Robert Diniero address petition showing why in this particular case a C&Dis impractical.

I hope you succeed and let us know how!


Lara Pearson, Esq.
Law Office of Lara Pearson Ltd, PBC & Brand Geek
775.833.1600
Calendly.com/BrandGeek (let's meet)

Creative typoing by iPhone



> On Dec 4, 2023, at 4:42 PM, Pamela Chestek via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 
> Hi all,
> 
> I'd be happy to have anyone's advice on filing a Petition to Make Special where the registration is sought to bring an infringement claim. The TMEP suggests that the PTO wants to see that a cease and desist letter has already been sent, but I'm interested in filing a petition where the infringer is not yet on notice of the infringement (the client preferring to have the registration in hand before approaching the infringer).
> 
> Thanks,
> 
> Pam
> 
> Pamela S. Chestek
> Chestek Legal
> 300 Fayetteville Street
> Unit 2492
> Raleigh, NC 27602
> pamela at chesteklegal.com
> (919) 800-8033
> www.chesteklegal.com
> 
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