[E-trademarks] Two issues

[Robert Rosenthal]

These may be candidates for expungement proceedings.

Robert E. Rosenthal
Attorney-at-Law
Registered Patent Attorney
Howard IP Law Group, P.C.
P.O. Box 226
Fort Washington, PA 19034
Ph: 215-542-5824
Mobile: 267-252-7539
Fax: 215-542-5825
rrosenthal at phd-ip.com

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Nancy Prager via E-trademarks
Sent: Friday, April 19, 2024 1:40 PM
To: E-TM-Mail-Server <e-trademarks at oppedahl-lists.com>
Cc: Nancy Prager <nancyprager at yahoo.com>
Subject: [E-trademarks] Two issues

I was doing a knock out search this morning for a client.  I was shocked to see that the USPTO accepted two specimens which have significant issues:

1)  In the screenshots for YouTube videos that purport to support that there are multiple episodes of a show the videos are clearly marked as unlisted.  Unlisted videos are not technically publicly available on the platform.  Each of the videos had between 1 and 4 views.  Not hundreds, thousands or millions.  Single digits. How was that not clearly fake?  this was processed in 2020

2)  Another specimen is clearly a picture where the mark has been transposed on a generic journal.  Like a notebook you buy at the store.  I am shocked it was accepted.  this was processed in 2022.

In both instances I cannot find any evidence of actual use on the internet, or on YouTube years after the videos were purportedly uploaded.

Both marks are within the initial 5 year window.  Is my client's only option to cancel the marks?   Is there another option so that my client doesn't have to incur costs?  Also, couldn't the registrant start using the marks now once notified of the cancellation effort?

thanks in advance!  Hope to meet some of you at the INTA reception.

Best,

Nancy
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