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

[Charles B. Kramer]

Janice Housy wrote:
>In addition to the Managing Attorney, perhaps send to tmscams?  They sent me an email about applications I took over that are apparently under investigation.  The email wasn't overly helpful-- but they seem to be the office with information about what is being done with applications filed by sham attorneys/suspected sham attorneys

TMScams at uspto.gov... why not?

Thanks for the suggestion.

 - Charles


>Dec 1, 2024 Charles B. Kramer via E-trademarks <<mailto:e-trademarks at oppedahl-lists.com>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: @<http://USPTO.GOV>USPTO.GOV 
>>From: 
>>Subject: 
>>Cc: "Trademark Assistance Center" <<mailto:TrademarkAssistanceCenter at USPTO.GOV>TrademarkAssistanceCenter at USPTO.GOV>, <mailto:TMPolicy at uspto.gov>TMPolicy at uspto.gov, <mailto:TMFeedback 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" <<mailto:TrademarkAssistanceCenter at USPTO.GOV>TrademarkAssistanceCenter at USPTO.GOV> and <mailto:TMPolicy at uspto.gov>TMPolicy at uspto.gov and <mailto:TMFeedback at uspto.gov>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 always monitor CharlesBKramer.TM at gmail.com) 
    Mail: 200 E. 10th Street, No. 816, New York, NY 10003 





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