[E-trademarks] Design Search Code Mysteries: 030116 030117 031912 030925 ??? TESS Beta & TSDR Feedback !!!

[Ken Boone]

FYI - Below is TESS Beta feedback that I just provided to the USPTO.  This feedback is related to the "Heads Of Cats" Or "Heads Of Felines" challenge that I offered to this discussion group last month, except the phenomenon has now grown to 12 marks with mysterious design search codes.  Confused?  Attached is my 16 October email to the USPTO that explains the phenomenon.  At that time, the USPTO merely corrected the 5 problem marks.  They did not address the underlying software problem that created the problems, so subsequent processing of new applications created the problem all over again in 12 new TEAS applications.

The bad news: when TESS Current retires at the end of the month, the search that I used to find the problem will no longer be available, so it will be more difficult (if not impossible) to identify the problem should it occur again in the future.

Ken Boone

________________________________
From: Ken Boone <boondogles at hotmail.com>
Sent: Wednesday, November 8, 2023 9:52 AM
To: TMFeedback <tmfeedback at uspto.gov>; TMDesignCodeComments at USPTO.GOV <TMDesignCodeComments at USPTO.GOV>
Subject: Design Search Code Mysteries: 030116 030117 031912 030925 ??? TESS Beta & TSDR Feedback !!!

The TESS Beta search DC:(030116 030117 031912 030925) retrieves 12 new TEAS applications, namely (via TSDR multi-search because the TESS Beta hit list doesn't copy/paste reliably to emails and does NOT include the filing dates and does NOT include the design search codes)

#       Mark    Ser No  Reg No  Status  Filing  Owner
1       GRIZZLY GROOM…  98153366        none    live    08/28/2023      GRIZZLY GROOMING COMPAN…
2       TOTALLY HOOK'D… 98153414        none    live    08/28/2023      North Atlantic Pacific Seafood L…
3       BESTFRIEND ACC… 98155150        none    live    08/29/2023      botanica within
4       YUMMY FUNGI F…  98155266        none    live    08/29/2023      Miller, Christopher L
5       not recorded    98156314        none    live    08/29/2023      Naugle, Robert
6       DOGWORK ATHL…   98156348        none    live    08/29/2023      Jrock Sports
7       NATTY DOG       98156388        none    live    08/29/2023      Natty Dog LLC
8       SLY FOX TECH W… 98208005        none    live    10/03/2023      Sly Fox Tech Wear
9       PEACH JACK APP… 98228865        none    live    10/18/2023      Craig Smith
10      FANTASTIC FENCE 98233875        none    live    10/20/2023      Superior Fence Construction an…
11      TORA PICKLEBALL 98234902        none    live    10/22/2023      Tora Pickleball
12      PASTURE PAWS    98241760        none    live    10/26/2023      Lott, Eric, L

The problem: I cannot find these 4 design search codes in the current Design Search Code Manual.

Are these new design search codes that will be included in the Beta version of the Design Search Code Manual, once that application is available?

Alternatively, are these invalid design search codes that somehow were loaded for these new applications in error?   But how could that be possible?  As I recall, the USPTO strictly restricts the software loaded on workstations - that only valid production software can be installed of USPTO workstations.

This gets more curious.  Viewing the mark information on TSDR, none of these design search codes are evident.  For example, the TSDR shows the following information for first trademark on the list (98153366).

US Serial Number:
98153366
Application Filing Date:
Aug. 28, 2023
Filed as TEAS Plus:
Yes
Currently TEAS Plus:
Yes
Register:
Principal
Mark Type:
Trademark
TM5 Common Status Descriptor:
[TM5 Common Status image]

LIVE/APPLICATION/Awaiting Examination

The trademark application has been accepted by the Office (has met the minimum filing requirements) and has not yet been assigned to an examiner.

Status:
New application awaiting assignment to an examining attorney. See current trademark processing wait times <https://www.uspto.gov/dashboard/trademarks/application-timeline.html> for more information.
Status Date:
Sep. 26, 2023

Mark Information
Mark Literal Elements:
GRIZZLY GROOMING COMPANY M.B. L.L.
Standard Character Claim:
No
Mark Drawing Type:
3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
Description of Mark:
The mark consists of GRIZZLY GROOMING COMPANY M.B. L.L. appearing within a circle, with the design of a bear in the center, all surrounded by small circles.
Color(s) Claimed:
The applicant is not claiming color as a feature of the mark.
Design Search Code(s):
03.01.14 - Bears other than pandas or teddy bears; Koalas; Koala bears; Black bears; Grizzly bears; Polar bears
03.01.23 - Stylized bears, excluding panda bears
26.01.05 - Circles made of broken or dotted lines
26.01.18 - Three or more concentric circles; Concentric circles, three or more; Circles, three or more concentric

So TSDR shows 4 design search codes for this new application, but none the searched codes (030116 030117 031912 030925) appear in that list of design search codes.  How is that possible?  Shouldn't the TSDR record match the TESS record for design search codes?  This illustrates yet another of my complaints about TESS Beta, namely that TESS Beta does NOT have a full record display option to show the text loaded for the mark when the mark was last updated on TESS Beta.  For these 12 marks, the lack of a full record display showing the design search codes loaded when the mark was last updated on TESS Beta severely limits our ability to investigate this design search code mystery.

On the flip side, TESS Current provides a better view of what has occurred for these 12 applications, but since TESS Current will disappear at the end of this month, you should avoid using TESS Current as a tool in diagnosing this design search code mystery.


Ken Boone

PS - Hopefully you noticed that the search for 4 design codes only returned 12 marks, a very unlikely search occurrence.  That is, the USPTO typically does not introduce a new design search code unless it is appropriate for dozens if not hundreds of marks.  Clearly, only 12 hits for 4 design search codes indicates some significant error has occurred.
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