[E-trademarks] Withdrawn from publication - TWICE!

Wed Apr 10 11:40:25 EDT 2024

This is as awesome, Lara,  I think you have missed your calling!

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Heather Vargas via E-trademarks
Sent: Wednesday, April 10, 2024 6:16 AM
To: Lara Pearson <lara at brandgeek.net>; 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Subject: Re: [E-trademarks] Withdrawn from publication - TWICE!

Thanks for the laugh, Lara.  I will now commit to memory these first two lines as some of the greatest poetry ever written!

[Picture1.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://urldefense.proofpoint.com/v2/url?u=https-3A__cobbcole.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QAp6_lclwF49MzEk9QDGFhRB6BXlzbS1Stv1o64oJmE&m=74m_P1tOL_l84U9tEhqu0Y-n3tX5kcFJlDWf4e1qAlL85UFZFmF5ahN3Qo0rTiBV&s=8L1PWn2m733dUrIbQ2TMAIKFVVGjsjxM8grQmJksRP0&e=> | Bio<https://urldefense.proofpoint.com/v2/url?u=https-3A__cobbcole.com_attorney_heather-2Dbond-2Dvargas_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QAp6_lclwF49MzEk9QDGFhRB6BXlzbS1Stv1o64oJmE&m=74m_P1tOL_l84U9tEhqu0Y-n3tX5kcFJlDWf4e1qAlL85UFZFmF5ahN3Qo0rTiBV&s=qJfjfQmjHzRq6dXch2yEvFdu4phUyKB2tvvkR8fP_qs&e=>

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From: Lara Pearson <lara at brandgeek.net<mailto:lara at brandgeek.net>>
Sent: Tuesday, April 9, 2024 9:13 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Heather Vargas <Heather.Vargas at cobbcole.com<mailto:Heather.Vargas at cobbcole.com>>
Subject: Re: [E-trademarks] Withdrawn from publication - TWICE!

Heather, oh no!
What a total sh*tshow
Sorry this is happening to you
And no, I don't know what to do
But better all this happen in just one file
Even though it's taking quite a while
It could be happening in multiple cases
And then you'd have to see all those client's disappointed faces
Looking bewildered and perplexed
Wondering what the PTO will do next
Hopefully your client is patient and kind
When you tell them Gov't has clearly lost its mind
Rooting for you and hoping to provide a laugh
Cause what else can you do with the PTO's gaffes?

Lara Pearson, Esq.
Law Office of Lara Pearson Ltd, PBC & Brand Geek
775.833.1600
Calendly.com/BrandGeek<https://urldefense.proofpoint.com/v2/url?u=http-3A__Calendly.com_BrandGeek&d=DwQGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QAp6_lclwF49MzEk9QDGFhRB6BXlzbS1Stv1o64oJmE&m=74m_P1tOL_l84U9tEhqu0Y-n3tX5kcFJlDWf4e1qAlL85UFZFmF5ahN3Qo0rTiBV&s=2iQQwnJ_Sv2Iy1MP21lO9QHxp4Xwtj1hEDGSa8p8CYA&e=> (let's meet)

Creative typoing by iPhone

On Apr 9, 2024, at 4:24 PM, Heather Vargas via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:

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,

<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://urldefense.proofpoint.com/v2/url?u=https-3A__cobbcole.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QAp6_lclwF49MzEk9QDGFhRB6BXlzbS1Stv1o64oJmE&m=74m_P1tOL_l84U9tEhqu0Y-n3tX5kcFJlDWf4e1qAlL85UFZFmF5ahN3Qo0rTiBV&s=8L1PWn2m733dUrIbQ2TMAIKFVVGjsjxM8grQmJksRP0&e=> | Bio<https://urldefense.proofpoint.com/v2/url?u=https-3A__cobbcole.com_attorney_heather-2Dbond-2Dvargas_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QAp6_lclwF49MzEk9QDGFhRB6BXlzbS1Stv1o64oJmE&m=74m_P1tOL_l84U9tEhqu0Y-n3tX5kcFJlDWf4e1qAlL85UFZFmF5ahN3Qo0rTiBV&s=qJfjfQmjHzRq6dXch2yEvFdu4phUyKB2tvvkR8fP_qs&e=>

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