[E-trademarks] Withdrawn from publication - TWICE!

[Heather Vargas]

Dear Colleagues,

I have posted to this esteemed group a few times over the last couple of years about a truly cursed set of applications that I filed in September of 2021 and that have encountered every possible glitch, malady, and maladministration the PTO has to offer.  They have been examined, reexamined, approved, unapproved, sent for publication, withdrawn from publication, approved again, and then withdrawn from publication again.  I have been practicing at the PTO for more than 20 years and have never had an application withdrawn from publication twice.  It has happened to most of the applications in this set and for those that it hasn't, it is only because they got stuck somewhere on the way back from their first withdrawal and sat in limbo for a year.

And so, I just have to ask, has anyone else had an application withdrawn from publication TWICE?

BTW, the new objection from this second round of review at pub and issue?  Descriptiveness.  The mark has been in use for almost 50 years and only after 2 and half years of pendency and two trips to pub and issue has someone decided that the mark is descriptive!

I honestly am at a loss.

Vent complete,




[cid:cobbcolelogomodrgb_4d64a9e3-83d6-4a74-9443-b78133d2646e.png]       Heather Vargas (She/Her/Hers)
Florida Bar No. 230900
Board Certified in Intellectual Property Law
Cobb Cole
149 S. Ridgewood Avenue
Suite 700
Daytona Beach, FL 32114
(D) 386-323-9220 | (F) 386-323-9206
Website<https://cobbcole.com/> | Bio<https://cobbcole.com/attorney/heather-bond-vargas/>



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