[E-trademarks] [EXT] TEAS is broken?
Carl Oppedahl
carl at oppedahl.com
Mon Apr 8 13:12:05 EDT 2024
Agreed.
And query whether it really does serve the shared goals (encouraging
innovation, protecting IP) to encourage applicants to proceed /pro se/.
There are really a lot of things that would need to happen (that have
not yet happened) for a /pro se/ filing approach to be anything other
than a likely disaster for the applicant.
Think of every time that a potential new client has come to you, 11
months after they filed a /pro se/ provisional patent application, and
you see the inadequacy of that provisional. To the extent the USPTO
succeeds in getting applicants to drink the /pro se /koolaid, it will
mean that /pro se /non-provisional applications will get filed that are
no better than the /pro se/ provisionals that we all see.
On 4/8/2024 10:10 AM, Richard Schafer via E-trademarks wrote:
>
> The reputational cost to the PTO for the poor quality of their IT
> systems is immense.
>
> While practitioners can at least advise the client on how to work
> around the issues, U.S. clients may see this is yet another way in
> which the federal government is failing. Foreign clients will see
> these errors as another example of how the PTO is failing to achieve
> its primary function.
>
> The PTO expends countless resources on encouraging pro se applicants
> and designing their systems to make them more usable by pro se
> applicants, but those IT systemic failures are no doubt driving those
> same pro se applicants away from pursuing protection for their
> inventions and trademarks.
>
> Best regards,
> *Richard A. Schafer | Schafer IP Law*
> P.O. Box 230081 | Houston, TX 77223
> M: 832.283.6564 | richard at schafer-ip.com <mailto:richard at schafer-ip.com>
>
> *From:*E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On
> Behalf Of *Carl Oppedahl via E-trademarks
> *Sent:* Sunday, April 7, 2024 9:42 PM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Carl Oppedahl <carl at oppedahl.com>
> *Subject:* Re: [E-trademarks] [EXT] TEAS is broken?
>
> Thank you for posting. Yes imagine what an impression this makes for
> your foreign client.
>
> I am now in a position where I did eventually succeed in finishing the
> application that I was trying to create. And I sent the link to my
> client.
>
> I worry that when my client clicks on the link, the client might see
> such a worthless error message. If so, it would make a bad impression
> for the client.
>
> On 4/7/2024 8:30 PM, Alex Butterman wrote:
>
> I have a client in China that tried to sign a new application we
> sent her company and she complained about the same error about a
> few minutes before your email. She showed her screen as:
>
> Hopefully, this is now permanently fixed since I suggested she try
> again on Monday morning their time.
>
> *Alex Butterman*
>
> Partner**
>
> *DUNLAP **BENNETT **& LUDWIG*
>
> /211 Church St., SE; Leesburg, VA 20175/
>
> T: 703-777-7319– *BIO*
> <https://www.dbllawyers.com/attorney/alex-butterman/>
>
> A blue and white logo Description automatically generated
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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
> *Carl Oppedahl via E-trademarks
> *Sent:* Sunday, April 7, 2024 04:54 AM
> *To:* for trademark practitioners
> <e-trademarks at oppedahl-lists.com>
> <mailto:e-trademarks at oppedahl-lists.com>
> *Cc:* Carl Oppedahl <carl at oppedahl.com> <mailto:carl at oppedahl.com>
> *Subject:* [EXT] [E-trademarks] TEAS is broken?
>
> I tried to file a trademark application just now. Here is the
> rather unhelpful error message that TEAS provided:
>
> Then I tried again, and the error message changed to this:
>
> I checked the USPTO system status page and it did not list any
> planned outage for today at this time. Those two USPTO failures
> happened when I was using Chrome. Then I tried the same thing in
> Edge, and this was the error message:
>
> I wonder if anybody is able to file a trademark application just now?
>
>
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