[E-trademarks] How to do it right (was Thanks for the six hours warning on Friday evening that I can't save my draft form...)

Carl Oppedahl carl at oppedahl.com
Tue Dec 12 10:33:09 EST 2023


What Richard said.  So many layers to the incompetence.

When I get ready to do a transition of a system (let's say writing new 
software to replace legacy software, to accompany the swap-out of 
underlying hardware) I spend about as much time devising a transition 
plan as I do on the actual work of doing the transition.

The transition plan might use a trick of running the two systems in 
parallel until I have arrived at a confidence level that the new system 
is working correctly in relevant respects.  Usually this is not actually 
possible to do, but sometimes it is possible to do it.

The transition plan often includes intermediate pause points at which I 
check to see if some particular sub-part is working as I had hoped, and 
if the answer is no, then I back off and do a restore to the way it was 
before the most recent change of that sub-part.

For writing of new software where a team is involved, one of the 
important steps will almost always be a walk-through talk-through by the 
entire team, walking and talking through the new code verbally.  The 
idea being that some team member might notice some mistake that was made 
by some other team member, a mistake that gets noticed before the new 
code is placed into production service.

Where a team is involved, one of the important steps will almost always 
be a walk-through talk-through by the entire team, walking and talking 
through the transition plan verbally. This walk-through takes place some 
days in advance of the pushing of the "go" button for the transition.

These things are tedious, tedious, tedious.  And it means that instead 
of saving money by cutting corners in the process, one must (heaven 
forbid) actually incur the cost and suck up the people-time of doing it 
right.

But when these tedious things are carried out, one reduces greatly the 
risk of the entire thing going wrong in a big way that imposes bigger 
costs on whoever is affected by or uses the system.  So the overall cost 
of the transition works out to be less than what the overall cost would 
have been.

But when these tedious things are carried out, on average there are far 
fewer bugs that need to be fixed later.  So the bug-fixing cost is 
reduced, on average.


On 12/12/2023 7:40 AM, Richard Schafer wrote:
>
> Still broken today after three days of outage.
>
> This is significant egg-on-face territory for the PTO and reinforces 
> the opinion that the PTO’s IT department and their contractors are 
> incompetent.
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On 
> Behalf Of *Carl Oppedahl via E-trademarks
> *Sent:* Tuesday, December 12, 2023 1:43 AM
> *To:* For trademark practitioners. This is not for laypersons to seek 
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Carl Oppedahl <carl at oppedahl.com>
> *Subject:* Re: [E-trademarks] Thanks for the six hours warning on 
> Friday evening that I can't save my draft form...
>
> Thank you for posting.
>
> On 12/11/2023 12:35 PM, Tim Ackermann via E-trademarks wrote:
>
>     Evidently, this is still broken -- you cannot save many of the
>     TEAS forms. No ETA on repair.
>
>     https://www.uspto.gov/blog/ebiz/
>
>     Tim Ackermann
>
>     The Ackermann Law Firm
>
>     E: tim at ackermannlaw.com
>     P:  817.305.0690
>     F:  214.453.0810
>     W: ackermannlaw.com <http://ackermannlaw.com>
>     O: 1701 W. Northwest Hwy. Ste. 100
>          Grapevine TX 76051
>
>     On Sat, Dec 9, 2023 at 3:10 PM Tim Ackermann
>     <tim at ackermannlaw.com> wrote:
>
>         Posted at *06:24PM Dec 08, 2023*
>         <https://www.uspto.gov/blog/ebiz/entry/planned-events941> in Planned
>         Events  |
>
>         Friday Dec 08, 2023
>
>         Planned Events
>
>         *Trademark Electronic Application System (TEAS) Save Feature
>         Temporarily Disabled on Some Forms*
>         The USPTO will be updating the TEAS forms below which requires
>         us to disable the save feature on those forms *beginning at
>         12:01 a.m. on Saturday*, December 9 ET. An update will be
>         posted on this page once the save feature is restored.  
>         You’ll still be able to:
>
>           * Save certain forms, including initial applications
>           * Upload data from previously saved forms
>           * Submit all TEAS forms as usual
>
>          Saving will be temporarily disabled on the following forms:
>
>           * Change Address or Representation Form
>           * Combined Declaration of Continued Use/Excusable Nonuse and
>             Incontestability under Sections 71 and 15
>           * Combined Declaration of Use and Incontestability Under
>             Section 8 and 15
>           * Combined Declaration of Use and/or Excusable
>             Nonuse/Application for Renewal of Registration of a Mark
>             under Section 8 and 9
>           * Declaration of Incontestability of a Mark under Section 15
>           * Declaration of Use and Excusable Nonuse under Section 71
>           * Declaration of Use and/or Excusable Nonuse of Mark in
>             Commerce Under Section 8
>           * Letter of Protest
>           * Petition for Expungement or Reexamination Form
>           * Petition to Revive Abandoned Application - Failure to File
>             Timely Statement of Use or Extension Request
>           * Petition to Revive Abandoned Application - Failure to
>             Respond Timely to Office Action
>           * Petition to the Director
>           * Post-Publication Amendment
>           * Request for Express Abandonment
>           * Request for Extension of Time to File a Response
>           * Request for Permission to Withdraw as Attorney of Record
>           * Request for Reconsideration after Final Action
>           * Request To Delete Section 1(b) Basis, Intent to Use
>           * Response to Office Action
>           * Response to Office Action for Post-Registration
>             Matters/Response to Office Action for Post-Registration
>             for Expungement or Reexamination Form
>           * Response to Suspension Inquiry or Letter of Suspension
>           * Section 7 Request Form
>           * SOU Extension Request
>           * Trademark/Service Mark Allegation of Use
>           * Voluntary Amendment Not in Response to USPTO Office
>             Action/Letter Form
>
>          Thank you for your understanding. If you have questions,
>         email *teas at uspto.gov* <mailto:teas at uspto.gov>.
>
>
>         Tim Ackermann
>
>         The Ackermann Law Firm
>
>         E: tim at ackermannlaw.com
>         P:  817.305.0690
>         F:  214.453.0810
>         W: ackermannlaw.com <http://ackermannlaw.com>
>         O: 1701 W. Northwest Hwy. Ste. 100
>              Grapevine TX 76051
>
>
>
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