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

[Charles B. Kramer]

My email to the Trademark Office appears to have spurred activity -- the attached letter to the applicant, threatening sanctions, the first entry in the record since 2021.

Thoughts?

 - 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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