[E-trademarks] Save Form Feature May Be Working Again

[Christy Coates]

Amendment to Allege Use is not working as of 30 seconds ago.


Best Regards,
Christy Coates Esq.
Chestek Legal
300 Fayetteville Street
Unit 2492
Raleigh, NC 27602
christy at chesteklegal.com
www.chesteklegal.com


On Tue, Dec 12, 2023 at 1:14 PM Pamela Chestek via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> If you scroll down to the bottom, not all forms are affected and in
> particular applications can still be saved. It's other forms that can't.
>
> Pam
>
> Pamela S. Chestek
> Chestek Legal
> 300 Fayetteville Street
> Unit 2492
> Raleigh, NC 27602
> pamela at chesteklegal.com
> (919) 800-8033
> www.chesteklegal.com
>
> On 12/12/2023 10:08 AM, Winston, Laura via E-trademarks wrote:
>
>
>
> We are still having the problem here – just tried to save 2 forms and
> couldn’t.
>
>
> Laura J.​​​​   Winston
>
> Pronouns:
> she, her, hers
>   Principal
>
> Practice Group Chair, Intellectual Property Practice
> D 347.589.8536
>
> M 917.270.5811
>   lwinston at offitkurman.com
> <https://www.offitkurman.com/attorney/laura-winston/>
> 590 Madison Ave
> 6th Floor
> New York ,
> NY 10022
> T
> 212.545.1900
> F
> 212.545.1656
> offitkurman.com
> <http://www.offitkurman.com/>
> [image: LinkedIn] <https://www.linkedin.com/company/offit-kurman-p-a-/>
> [image: Facebook] <https://www.facebook.com/offitkurman>
> [image: Twitter] <https://twitter.com/OffitKurmanLaw>
> [image: Instagram] <https://www.instagram.com/offit_kurman/>
>
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com>
> <e-trademarks-bounces at oppedahl-lists.com> *On Behalf Of *Greg William via
> E-trademarks
> *Sent:* Tuesday, December 12, 2023 12:32 PM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> <e-trademarks at oppedahl-lists.com>
> *Cc:* Greg William <greg at danielsonlegal.com> <greg at danielsonlegal.com>
> *Subject:* Re: [E-trademarks] Save Form Feature May Be Working Again
>
>
>
> Indeed - I was just able to save two applications.
>
> -Greg
>
>
> Gregory S. William, Esq.*
> Danielson Legal LLC
> One Mifflin Place, Suite 400
> Cambridge, MA 02138
> w: www.danielsonlegal.com
> e: greg at danielsonlegal.com
> t: (617) 714-9579
> direct: (508) 865-2204
> f: (888) 742-8097
>
> *Licensed to practice in Massachusetts
>
>
> This message is intended only for the designated recipient(s). It may
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> message. If you receive this in error, please notify the sender by reply
> e-mail and delete this message. Thank you.
>
>
>
>
>
> On Tue, Dec 12, 2023 at 12:27 PM Edward Timberlake via E-trademarks <
> e-trademarks at oppedahl-lists.com> wrote:
>
> It appears the "save form" feature may be working again?
>
>
>
> I was able to save a filing a few minutes ago (whereas earlier today the
> "Save Form" button was not even visible).
>
>
>
>
>
> Sincerely,
>
>
>
> Ed Timberlake
>
> *Board Certified Specialist in Trademark Law
> <https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*
>
>
>
> *Timberlake Law* <http://timberlakelaw.com/>
>
> Chapel Hill, NC
>
>
>
> Schedule a call on Clarity <https://clarity.fm/edtimberlake>
>
> ed at timberlakelaw.com
>
> 919.960.1950
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> On Tue, Dec 12, 2023 at 10:55 AM Carl Oppedahl via E-trademarks <
> e-trademarks at oppedahl-lists.com> wrote:
>
> I'd guess that not one of the USPTO developers managing this particular
> "update" to the TEAS software has ever in his or her life actually used any
> of the TEAS forms involved here, in the actual service of a real client.
>
> I'd guess that the same may be said for whatever beltway bandit contractor
> is being "managed" (using the term loosely ) by the USPTO developers.
>
> I'd guess that if you were to put any of these people on the spot, their
> stammered answer would be that so far as they knew, the "saved submission"
> feature was sort of a "nice to have" thing but not actually really
> important.
>
> Yesterday I received instructions from foreign counsel to carry out a
> trademark renewal.  The fact pattern is complicated and there are layers of
> communication involved.   I am not, for example, in direct communication
> with the underlying client.  The TM registration has five trademark classes
> in it.  The USPTO's proclivity to do "audits" on foreign renewals that have
> lots of semicolons in the ID means that we have no choice but to worry and
> worry about the many would-be specimens of use.  It is almost certain that
> two or three or four versions of the would-be TEAS submission will need to
> be generated and reviewed before the underlying client reaches a confidence
> level as to everything about what will be contained and said in the
> renewal.  There are time zones involved so that every iteration will
> include a loss of at least a 24-hour cycle.
>
> Preparing this TEAS submission, and checking its correctness, took me
> around an hour.
>
> In a normal TEAS workflow, I would save the submission each time, prior to
> shipping the "click here" link off to foreign counsel.  Then the next day
> when I hear back about the need to make some adjustment to the filing
> package, I need merely reload the submission file and make the adjustment,
> and the time required would be just a few minutes.
>
> Same thing a day after that when yet another review cycle has happened and
> it turns out that yet another adjustment is needed.  Maybe against all odds
> the client managed to snap one last photograph and now there is one more
> specimen of use to add to the many specimens of use that had already been
> uploaded to the submission.
>
> But instead of "one hour on the first day plus ten minutes a day later
> plus another ten minutes a day later", this task for this client is going
> to suck up maybe three hours of my time.   All because the saved-submission
> feature has been broken for several days now.
>
> More importantly, every time I have to start from a blank form,
> constructing the renewal package all over again, I have to check the
> correctness of it from the top to the bottom.  Suppose that on the second
> try or the third try, I inadvertently get it a little bit wrong on which
> goods from class 10 are to be canceled and which are to be retained.  If
> eventually that submission is the one that gets submitted and it turns out
> I canceled something that was not supposed to be canceled, it is impossible
> to get that item of goods back into the case.  There is an enormous
> malpractice risk every time that I start over again from a blank form.
>
> My point here being that the USPTO developers probably have no clue, none
> at all, about how wrong they are if they use "nice to have but not really
> super important to have" as their way of characterizing the
> saved-submission feature.
>
> 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.
>
>
>
> Best regards,
> *Richard A. Schafer | Schafer IP Law*
> P.O. Box 230081 | Houston, TX 77223
> M: 832.283.6564 | richard at schafer-ip.com
>
>
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com>
> <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>
> <e-trademarks at oppedahl-lists.com>
> *Cc:* Carl Oppedahl <carl at oppedahl.com> <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
> 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* <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
> O: 1701 W. Northwest Hwy. Ste. 100
>      Grapevine TX 76051
>
>
>
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