[E-trademarks] Was your Official USPTO Notice of Registration broken yesterday?
Ken Boone
boondogles at hotmail.com
Thu Apr 11 11:36:33 EDT 2024
What still baffles me is that the USPTO cannot get all trademarks registered on Tuesday fully loaded on Trademark Search (registration numbers and registration date) with the Tuesday morning update to Trademark Search.
In the old TESS days (when I was still working at the USPTO), the explanation was that the batch job on TRAM that loaded the registration numbers and registration date for the new registrations issued on Tuesday was scheduled to start at midnight on Monday nights. Unfortunately, the daily job to extract the updated trademark for load on TESS had to begin well before midnight to have enough time for the update the search database to complete by 5:30 AM, the start of USPTO production time.
You likely recall that on the old TESS, the home page included a banner at the top noting the date & time of the last TESS update, something like TESS was last updated on Thursday, 11 April 2024 at 03:45 AM EST. I was shocked that a similar banner is not provided on Trademark Search, particularly as I've started Trademark Search sessions after 5:30 AM only to find no changes had occurred since the prior day (via checking the UD update field). Today, for example, the search UD:20240411 did not retrieve any records until sometime after 5:45 ET, as I recall. But I digress.
My point: I cannot believe that new registration number are such a big government secret (or maybe so ☠ toxic?) that the TRAM update to load those registration numbers cannot start prior to midnight on Mondays. If TSDR users late Monday nights happen to find a few new registration numbers just a few hours prior to the Tuesday registration date, that's not going to cause any harm to US national security. So why not start that TRAM batch job that loads the new registration numbers for Tuesday early enough on Monday night that the Tuesday morning update to Trademark Search includes those new registrations? Of course, as a non-attorney, I'm probably just too naive to understand the problem of premature registration number updates to TRAM (or whatever they call the master trademark database these days).
________________
Ken Boone
PS: I'm easily baffled by trademarks ... or maybe just too naive. For example, why doesn't TM Search include the DM - Decimal Mark index included on old TESS that allowed for searching occurrences of any standard character or string of standard characters by their decimal values? Why isn't the text of the SA - Status field displayed, particularly since that status text does not match the status text on TSDR? Why does TEAS convert occurrences of € in word mark entries into the string euro? Why does TEAS perform other conversion of characters in applications to the ? (question mark) character simply because of the expectation that other TM system would not properly handle the character. Why did the structure of GS entries of TESS get abandoned with TM Search, making it impossible to search for GS terms occurring in a specific class? ...
________________________________
From: Carl Oppedahl
Sent: Thursday, April 11, 2024 6:33 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice.
Subject: Re: [E-trademarks] Was your Official USPTO Notice of Registration broken yesterday?
Thank you Ken for researching this, and for posting.
On 4/11/2024 5:00 AM, Ken Boone via E-trademarks wrote:
Today, 8,334 trademarks are retrieved by the RD:20240409 AND RN:* search. For the small sample that I reviewed, TSDR had the registration certificates.
Today, I see 937,628 pending trademarks, down 6,584 from the 944,212 pending trademarks of yesterday.
It appears that this week's registration snafu has been resolved.
The search RD:20240416 retrieves only 123 trademarks, all for the supplemental register. That is, it appears the USPTO has revised the processing of registrations and no longer gives us a sneak peek of future registrations other than those for the supplemental register (less the registration numbers) by searching future registration dates. The search PO:20240416 retrieves 6017 pending trademarks, presumably all the trademarks to be published for opposition next Tuesday.
_______________
Ken Boone
PS - The search LD:true NOT (GS:* SN:8900* SN:81* ) retrieves 1603 live trademarks with no Goods/Services text on TM Search. Isn't this MADNESS?
Created
2024-04-11 05:45
Trademark
[Image for 98334854]
Wordmark
MADNESS
Serial number
98334854
Status
LIVE
PENDING
Goods and services
Register
PRINCIPAL
Dates
Filing date
2023-12-29
Registration date
Current filing basis
undefined
Registration number
N/A
Owner
Jack Edwards Reynolds, III (INDIVIDUAL; USA); 877 San Pablo Way, Duarte, California 91010, UNITED STATES
Mark type
TRADEMARK
Mark drawing code
(4) Standard character drawing
Attorney of record
Herbert T. Patty
________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com><mailto:e-trademarks-bounces at oppedahl-lists.com> on behalf of Ken Boone via E-trademarks <e-trademarks at oppedahl-lists.com><mailto:e-trademarks at oppedahl-lists.com>
Sent: Wednesday, April 10, 2024 6:47 AM
To: E-Trademarks at oppedahl-lists.com<mailto:E-Trademarks at oppedahl-lists.com> <e-trademarks at oppedahl-lists.com><mailto:e-trademarks at oppedahl-lists.com>
Cc: Ken Boone <boondogles at hotmail.com><mailto:boondogles at hotmail.com>
Subject: Re: [E-trademarks] Was your Official USPTO Notice of Registration broken yesterday?
What Carl says!!!
On Wednesdays, the new registration numbers for the week usually appear on TM Search.
Curiously, only198 trademarks are retrieved for the search RD:20240409 of yesterday's registration date. That's an unusually small number of registrations issued yesterday. But it gets worse.
Only 6 trademarks for RD:20240409 AND RN:*, indicating only 6 of the trademarks having the 9 April 2024 registration date actually have registration numbers on TM Search today, namely
#
SN
FD
RN
Word Mark
1
97837583
03/14/23
7351990
BYOA OFFICIAL
2
97847645
03/20/23
7353122
KEMINI
3
97121947
11/12/21
7356142
CLEOPATRA'S VAULT
4
97137110
11/22/21
7356157
BELIEVE IN SANTA
5
97681978
11/17/22
7357039
NC CO
6
97767769
01/25/23
7357257
LAGANA & CERRILLO
where clearly the registration numbers are not consecutive.
With only 6 new registrations on TM Search, my count of pending applications is now 944,212 versus 944,212 yesterday. (Normally, the count of pending applications drops significantly on Wednesdays.) Five weeks ago (6 March 2024), the count of pending applications was 930,634. With this week's snafu(?), pendency has grown by 13,578 applications in the last 5 weeks, hardly a desirable trend for pendency. So it goes.
Happy Trademarking,
Ken Boone
________________________________
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 <e-trademarks at oppedahl-lists.com><mailto:e-trademarks at oppedahl-lists.com>
Sent: Wednesday, April 10, 2024 3:48 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: [E-trademarks] Was your Official USPTO Notice of Registration broken yesterday?
If you have a trademark case that registered yesterday at the USPTO, I am guessing your Official USPTO Notice of Registration was broken, as described in this blog article<https://blog.oppedahl.com/uspto-trademark-databases-broken/>.
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