[E-trademarks] [draft email for Examiner] Mark not examined in over three years

[Charles B. Kramer]

Dear esteemed List,

Below is a draft of what I propose to send to a Trademark Examiner in 
an attempt to get an application un-suspended.

The suspension is based on a preexisting application that was filed 
in 2021, but remains pending because no Trademark Examiner has been 
appointed.  This is one of those China / "order to show cause" cases 
where the named attorney on the preexisting application is apparently fake.

Comments and suggestions are welcome.

  - Charles


************* D R A F T **************
>To: @USPTO.GOV
>From:
>Subject:
>Cc: "Trademark Assistance Center" 
><TrademarkAssistanceCenter at USPTO.GOV>, TMPolicy at uspto.gov, TMFeedback at uspto.gov
>
>Dear __________,
>
>This is an informal communication regarding:
>
>    APPLICATION:
>    MARK: ____________ (stylized)
>    Law Office:
>
>I write on behalf of the Applicant (the Applicant") as the attorney of record.
>
>The application is currently suspended, pending resolution of two 
>applications:
>
>  -- _________ which was abandoned July 16, 2024, and is no longer a 
> basis for suspension; and
>
>  -- a preexisting application for ____________ (the "Preexisting 
> Application").
>
>The Preexisting Application was filed May 13, 2021.  A Letter Of 
>Protest Memorandum ("LOP") was entered on June 17, 2024, which 
>refers to registration #______ for ______ (words only) which is 
>owned by the Applicant, and is senior to the Preexisting 
>Application.  But because no Trademark Examiner has been assigned to 
>the Preexisting Application, the LOP has not been reviewed.  Until 
>an Examiner is assigned, the Preexisting Application will remain 
>pending, and the ______ (stylized) application at issue here may 
>remain suspended as a result.
>
>This is an absurd and possibly illegal situation.  The Applicant is 
>unable to compete registration as long as suspension continues, and 
>appears to be without due process to challenge the cause of the 
>suspension.  Not being able to complete registration harms the 
>Applicant by (as examples) preventing it from obtaining the 
>protections of (1) the Bureau of U.S. Customs & Border Protection 
>and (2) Amazon.com's brand registry -- in both cases to prevent 
>sales of knock-off goods during the period when the Applicant's 
>product under the mark is most popular.
>
>I have since learned that there is another reason -- a reason apart 
>from the Applicant's senior registration -- that the Preexisting 
>Application should not provide a basis for suspension.  The attorney 
>named in the Preexisting Application -- "Jackson George" -- is 
>apparently fictional.
>
>The basis for this conclusion is the "Show Cause" order issued on 
>August 25, 2022 addressed to Chen Huanyony (and others), a copy of 
>which I attach ("ORDER TO SHOW CAUSE 90512567.pdf").  As you will 
>see, the Order refers to Jackson George, "a presumed fictitious 
>attorney" who's name was used on literally thousands of applications 
>based on "false, fictitious or fraudulent information."
>
>Accordingly, the Preexisting Application should not provide a basis 
>for suspension both because of the Applicant's senior rights, and 
>because the Preexisting Application is invalidated by false or 
>fictitious information or fraud, or all three.
>
>REQUEST
>
>If you have the power to do so, please lift the Suspension that was 
>issued June 13, 2024 on the POP IT! application, and allow it to 
>proceed to publication.
>
>Alternatively, I request guidance on what procedure may be available 
>to move the POP IT! application forward, and, toward that end I am 
>also copying "Trademark Assistance Center" 
><TrademarkAssistanceCenter at USPTO.GOV> and TMPolicy at uspto.gov and 
>TMFeedback at uspto.gov.
>
>Respectfully submitted,
>
>ATTORNEY FOR APPLICANT in Serial #79340735 for POP IT! (stylized)
>Signature: /Charles B. Kramer/
>December ___, 2024
>Signatory's Name: Charles B. Kramer
>Signatory's Position: Attorney of Record, New York
>State bar member in good standing admitted in New York 1983 Bar #1890888

===========================================
Charles B. Kramer, Esq.
~ ATTORNEY ~
Linkedin: www.linkedin.com/in/charleskramer
      Tel: +1 917-512-2721
    Email: charles.b.kramer at gmail.com <--- for direct responses (I 
don't monitor CharlesBKramer.TM at gmail.com)
     Mail: 200 E. 10th Street, No. 816, New York, NY 10003
     Blog: https://www.provideocoalition.com/CharlesBKramer/
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