[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
>
>     This electronic message contains information from Dunlap Bennett &
>     Ludwig PLLC and may be confidential or privileged. If you are not
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>     please notify us and delete the message without copying or
>     disclosing it.
>
>     *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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