[E-trademarks] What are you telling your clients ...
Scott Sisun
scott at sisunlaw.com
Mon Dec 9 22:32:51 UTC 2024
Thanks!
On Mon, Dec 9, 2024 at 5:20 PM Steve Cooper <stc at warefressola.com> wrote:
> The new surcharges are not being charged for applications filed under the
> current system before the fee change goes into effect and examined after.
> The surcharges such as the free-form text and excess character ones are
> based on the application filing, and amendments to the IDs after filing.
>
>
>
> The one exception to this being that for TEAS Plus cases filed before the
> changes, the $100 “insufficient information” fee will be charged if the
> requirements in new 37 CFR 2.22(a)(1)-(19) are not met, in lieu of charging
> the soon to be discontinued $100 “TEAS Plus processing fee” having the same
> requirements.
>
>
>
>
> *Steven T. Cooper*Partner, Ware Fressola Maguire & Barber LLP
>
> Email: stc at warefressola.com
> Phone: 203-261-1234 | Mobile: 203-414-7294
>
> [image: Icon Description automatically generated]
> <http://www.linkedin.com/in/steven-cooper-wfmb>
>
>
> 755 Main Street, Bradford Green Bldg. 5
> Monroe, CT 06468
> www.warefressola.com
>
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> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *Scott Sisun via E-trademarks
> *Sent:* Monday, December 9, 2024 5:03 PM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Scott Sisun <scott at sisunlaw.com>
> *Subject:* Re: [E-trademarks] What are you telling your clients ...
>
>
>
> Apologies if this has been answered, but does anyone know if surcharges
> will be issued starting January 19, 2025 for free-form IDs in applications
> filed in, say, May 2024?
>
>
>
> On Tue, Dec 3, 2024 at 11:46 AM Laura Geyer via E-trademarks <
> e-trademarks at oppedahl-lists.com> wrote:
>
> Thanks Kevin (and everyone who responded!). This approach sounds like the
> way to go. In a case where it’s possible to use the manual, for sure that’s
> great. Like “milk” or “automobile tires” or “blankets”. Where it gets very
> hinky is, say, software or various forms of technological services that are
> directed at very specific fields or purposes that are absolutely not going
> to be in the manual.
>
>
>
> Oh, I almost forgot – what is the fate of the consistency initiative? That
> is to say, you got a registration for X services that are not in the manual
> and later file a combo word/logo mark for the same thing. Do you apply for
> something out of the manual and then as soon as an examiner is assigned,
> request amendment to match the language of the prior registration? This is
> going to be especially important where the umbrella is wide and so a 2(d)
> would be nearly guaranteed unless the language were specific enough.
>
>
>
> Laura
>
>
>
> *Laura Talley Geyer* | *Of Counsel*
>
>
>
> *ND Galli Law LLC*
>
> 1200 G Street, N.W., Ste 800
>
> Washington, DC 20005
>
> Tel: (202) 599-9019 (direct)
>
> https://ndgallilaw.com/laura-geyer/
>
> https://ndgallilaw.com/
>
>
>
> *From:* Kevin Grierson <kgrierson at cm.law>
> *Sent:* Monday, December 2, 2024 4:24 PM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Laura Geyer <lgeyer at ndgallilaw.com>
> *Subject:* RE: What are you telling your clients ...
>
>
>
> *EXTERNAL EMAIL*
>
> With regard to the surcharge, I’ve been telling clients that the standard
> application fee is going up $200 per class, unless we can fit the
> description into the pre-approved list on the TMID. Because “standard fee
> plus surcharge” is, in essence, replacing the old TEAS standard filing.
>
>
>
> With regard to the insufficient information charge, the causes for it are
> the same as for failing to comply with TEAS-plus requirements, but I’m
> still trying to figure out what to say there other than to emphasize that
> we need to have all the required information ready when we file.
>
>
>
>
>
>
>
> *Kevin Grierson***
>
> |
>
> Partner
>
> [image: Mobile:]
>
> 757-726-7799
>
> [image: Fax:]
>
> 866-521-5663
>
> [image: Email:]
>
> kgrierson at cm.law
>
> *Please note: Culhane Meadows is now CM Law*
>
>
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *Laura Geyer via E-trademarks
> *Sent:* Monday, December 2, 2024 4:03 PM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Laura Geyer <lgeyer at ndgallilaw.com>
> *Subject:* [E-trademarks] What are you telling your clients ...
>
>
>
> EXTERNAL EMAIL
>
> About the absolutely insane and absurd subcharge that an awful lot of our
> clients will need to pay to use the freeform g/s field in applications
> starting next year? And how are you presenting the highly unpredictable
> “deficiency” amounts in estimates?
>
>
>
> (I still can’t believe they’re doing this when it’s basically the only way
> to avoid a 2(d) refusal in many cases where the broader definition makes no
> darned sense. Or when the broader category doesn’t include a field option?)
>
>
>
> *Laura Talley Geyer* | *Of Counsel*
>
>
>
> *ND Galli Law LLC*
>
> 1200 G Street, N.W., Ste 800
>
> Washington, DC 20005
>
> Tel: (202) 599-9019 (direct)
>
> https://ndgallilaw.com/laura-geyer/
> <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fndgallilaw.com%2flaura-geyer%2f&c=E,1,RfFdO2Q_GDhsM5ctsbWGZ0ihFsdj-muelIxfkPdIInVi7dXUIMUSYnmMsnfTNrJY_SGbLPrw5MXkmEHG1yq1D1neyp3ByqW26Dea95AxZ5o,&typo=1&ancr_add=1>
>
> https://ndgallilaw.com/
> <https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fndgallilaw.com%2f&c=E,1,D7g848akMywrSoVeFL8yiCz3I4rJNQrHSxQUKIvPWwu6owMg9SP8IufJMR8RDd5VXe8Yu4T5zOAbK_AmVUNRX-LjW37B7NgmAUfybc3jRkHNNDxrJcgnL95LPA,,&typo=1&ancr_add=1>
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>
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>
> --
>
> * Scott M. Sisun, Esq. *
>
> 135 Madison Avenue | Fifth Floor | New York, NY 10016
>
> 347.913.7800 | M: 917.570.3979
>
> scott at sisunlaw.com | www.sisunlaw.com | calendar
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> *Featured in World Trademark Review WTR 1000 and Super Lawyers*
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--
* Scott M. Sisun, Esq. *
135 Madison Avenue | Fifth Floor | New York, NY 10016
347.913.7800 | M: 917.570.3979
scott at sisunlaw.com | www.sisunlaw.com | calendar
<https://calendly.com/sisunlaw/call>
*Featured in World Trademark Review WTR 1000 and Super Lawyers*
Confidentiality Notice: The information contained in this e-mail message
is privileged, confidential, and may be protected from disclosure. Please
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