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

[Michael Brown]

Charles,

Perhaps the examiner is not the right person for that email, but rather the
managing attorney for the law office?

Best regards,
Michael
Michael Brown
Michael J Brown Law Office
354 Eisenhower Parkway
Plaza I, 2nd Floor, Suite 2025
Livingston, NJ  07039
michaeljbrownlaw at gmail.com
michael at mjbrownlaw.com
www.mjbrownlaw.com
+1 973-577-6300  fax +1 973-577-6301
Google Voice +1 973-637-0358


On Sun, Dec 1, 2024 at 11:32 PM Charles B. Kramer via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> 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/
> --
> E-trademarks mailing list
> E-trademarks at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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