[E-trademarks] How long is reasonable for an Examiner to take to respond to a 2(d) OAR?

Michael Brown michaeljbrownlaw at gmail.com
Tue Nov 14 10:10:39 EST 2023


Keep in mind that the internal "elves" at the USPTO are responsible for
processing responses and sending them to the Examining Attorneys. It is
very likely that the Examining Attorney has not yet received it. Sometimes
an inquiry can get things moving, but as I understand it, the Examining
Attorneys are at the mercy of the "elves".

And with Xmas season coming, the elves may be working at their other job...

Michael Brown
Michael J Brown Law Office
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michaeljbrownlaw at gmail.com
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On Mon, Nov 13, 2023 at 3:32 PM O'Connell Jr., Robert via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> I think a polite status inquiry (citing TMEP 108.03 and 37 CFR 2.23(d)
> would be entirely reasonable at the six month point.
>
>
>
>
>
> *Robert M. O'Connell, Jr.  **Of Counsel *[image: V-card]
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> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *Stephen McArthur via E-trademarks
> *Sent:* Monday, November 13, 2023 4:24 PM
> *To:* Carl Oppedahl <e-trademarks at oppedahl-lists.com>
> *Cc:* Stephen McArthur <stephen at smcarthurlaw.com>
> *Subject:* [E-trademarks] How long is reasonable for an Examiner to take
> to respond to a 2(d) OAR?
>
>
>
> How long do you wait after filing a likelihood of confusion office action
> response to ping the Examiner about moving the application along? Is it
> unreasonable to do so if we filed an OAR 6 months ago?
>
>
>
> *The McArthur Law Firm *Stephen Charles McArthur
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