[E-trademarks] Another new refusal

[Patricia A. Walker]

I suggest a Petition to the Director under Section 7 of the Lanham Act.

Pat Walker
Walker & Jocke Co., LPA
Patent and Trademark Law
231 South Broadway
Medina OH 44256-2601
330-721-0000

On 11/25/2023 5:22 PM, Crane, Susan via E-trademarks wrote:
>
> 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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-- 

Patent and Trademark Law

Walker & Jocke Co., LPA
231 South Broadway
Medina OH 44256-2601 U.S.A.
+330 721 0000 Telephone
+330 722 6446 Facsimile
http://www.walkerandjocke.com <http://www.walkerandjocke.com>

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