[E-trademarks] Another new refusal

[Crane, Susan]

So this is a first -

It appears the PTO somehow screwed up and when a mark we acquired issued to registration, the PTO misclassified it as a collective service mark, instead of a service mark.  I went through the prosecution history and at no point did applicant request a collective mark because it wasn't one, and in the publication it identified the mark properly as a service mark.  Prior counsel obviously did not notice the word "collective" on the reg. certificate.  So now they are rejecting the Sec. 8&15 because the specimen does not show use as a collective mark.  To make matters more complicated, this mark was applied for in 2005 but did not issue to registration until 2017 due to a longstanding dispute and numerous suspensions.  Hoping there is a simple way to correct this but I am guessing it will become complicated.

Sue

Susan L. Crane
Group Vice President, Legal
Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.
22 Sylvan Way
Parsippany, NJ 07054
O (973) 753-6455
M (973) 879-3420
Susan.Crane at wyndham.com<mailto:Susan.Crane at wyndham.com>



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