[E-trademarks] Serial #________ - suspension based on MINI POP IT serial #90708026

[Charles B. Kramer]

TM Policy promised a response in two business days.   That was 
December 6, 2024.

So far: CRICKETS.  Not a peep from Policy, the Assistance Center, or 
the Examiner.

On the bright side, Policy did sign "regards," so it must like me -- 
despite my implication ("This is an absurd and possibly illegal 
situation") that the Trademark Office should be sued for holding 
itself out as a trademark registry which decides -- for secret 
reasons -- not to register trademarks.

  - Charles


*************(Forwarded Message)**************
12/6/2024, TM Policy wrote

From: TM Policy <TMpolicy at USPTO.GOV>

Thank you for your email. Your email will be reviewed and an answer 
or update will be provided within two business days.

Regards,

Office of the Deputy Commissioner for Trademark Examination Policy

United States Patent and Trademark Office



From: Charles B. Kramer, Esq. <charles.b.kramer at gmail.com>
Sent: Monday, December 2, 2024 7:38 PM
To: ____________USPTO.GOV>
Cc: Trademark Assistance Center 
<TrademarkAssistanceCenter at USPTO.GOV>; TM Policy 
<TMpolicy at USPTO.GOV>; TMFeedback <TMFeedback at USPTO.GOV>
Subject:  Serial #________ - suspension based on MINI POP IT serial #90708026

Dear [Examiner]

This is an informal communication regarding:

    APPLICATION:         Serial
    MARK:
    Law Office:          125 TM Attorney

I write on behalf of the Applicant as the attorney of record.

The Applicant's 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 MINI POP IT serial #90708026 (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 #___________ (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 
Applicant's application 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 presumed 
fictious [SIC] attorney" whose 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 Applicant's application, and allow it to 
proceed to publication.

Alternatively, I request guidance on what procedure may be available 
to move the 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 #____________________
Signature: /Charles B. Kramer/
December 2, 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.
200 E. 10th Street, No. 816, New York, NY 10003 (mail address)
      Tel: +1 917-512-2721 (voice, voicemail, text)
      Fax: +1 347-493-3583
    Gmail: <mailto:charles.b.kramer at gmail.com>charles.b.kramer at gmail.com
Linkedin: www.linkedin.com/in/charleskramer




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