[E-trademarks] Any way to prompt review/status update on third-party's application that's stuck in limbo?

[Laura Geyer]

Yes, there’s an email you write that’s a general one at the TMO and simply say the facts (cancellation grace period over, so….) and a couple days later the abandonment/cancellation gets logged. It doesn’t matter who writes, so long as it’s just a records issue. I usually get results in 48 hours or less. Now I can’t find the email address! But I bet the trademark assistance center would tell you what it is. It’s not a top secret.

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Heather Vargas via E-trademarks
Sent: Thursday, April 4, 2024 5:23 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Heather Vargas <Heather.Vargas at cobbcole.com>
Subject: Re: [E-trademarks] Any way to prompt review/status update on third-party's application that's stuck in limbo?

EXTERNAL EMAIL
If you email your EA, that will usually prompt them to nudge the abandonment on the blocking application; otherwise you could be stuck in this limbo for many months more.





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Heather Vargas (She/Her/Hers)
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Board Certified in Intellectual Property Law
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Spencer Cross via E-trademarks
Sent: Thursday, April 4, 2024 3:56 PM
To: Carl Oppedahl <E-trademarks at oppedahl-lists.com<mailto:E-trademarks at oppedahl-lists.com>>
Cc: Spencer Cross <spencer at counselforcreators.com<mailto:spencer at counselforcreators.com>>
Subject: [E-trademarks] Any way to prompt review/status update on third-party's application that's stuck in limbo?

Hi all,

We have an application that's in suspension awaiting resolution of a prior-filed application that received a non-final OA. That party filed an extension to respond, and then subsequently missed its final deadline to respond. That deadline was nearly four months ago and the USPTO has yet to issue an abandonment notice to the other party. Ideally, that mark should've been dead by now.

I know I'm not allowed to contact the EA on that application myself, but is there any other method by which I can prompt a review of that application's status? The only thing I can think of is to contact the EA on our own application to ask them if they can do something internally, but I'd prefer to take another route if possible.

Thanks,
Spencer

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