[E-trademarks] Other PTO delays

Thu Dec 19 20:44:43 UTC 2024

>> ... a search for marks with a status of “Review prior to publication completed” with no pub dates.

My usual complaint for this theme:  The SA - Status field of Trademark Search should either exactly match the status text displayed on TSDR or display the SA - Status field text so that there would be no need to guess which terms to use in a SA - Status field search to retrieve other trademarks with that exact status.

That said, here are two searches that may succeed to provide some useful results for search request.

39,937 results for SA:(Review AND publication AND completed) - This search appears to retrieve trademarks with the review prior to publication completed status on TSDR, though I only checked a few records.  Logically, the additional AND LD:true restriction for the search is not necessary, as those keywords are not likely to be included in the status of any dead trademark.

7,259 results for SA:(Review AND publication AND completed) NOT PO:*  - This search appears to retrieve trademarks with the review prior to publication completed status on TSDR but having no publication date yet on TSDR or Trademark Search.  Again, I only checked a few records on TSDR.  Based on the counts, about 18.2% of the trademarks with the the review prior to publication completed status on TSDR have not been scheduled for publication yet.

When TESS was created, only certain changes is status (primarily between live and dead trademarks) triggered the update of the trademark record on TESS to minimize the number of records updated nightly so that the updates could be completed in a limited amount of time; consequently, a SA - Status field could NOT be included, as such a status could be out-of-date as various live status conditions changed over time.  Apparently, Trademark Search updates significantly faster, allowing the SA - status field to be included, though I'm still baffled that the SA field is not displayed to simplify exact match searches of all trademarks with a particular status.  Conversely, some additional status conditions could be added to more accurately and uniquely describe the current status of some trademarks.  Then again, the huge backlog is likely a much higher priority at the current time.

____________________
Ken Boone
________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Crane, Susan via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Thursday, December 19, 2024 2:18 PM
To: Tim Ackermann <tim at ackermannlaw.com>; For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Crane, Susan <susan.crane at wyndham.com>
Subject: Re: [E-trademarks] Other PTO delays

Well hopefully whatever fix is allegedly forthcoming for my file will also hit yours.

Susan L. Crane

Group Vice President, Legal

Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.

22 Sylvan Way

Parsippany, NJ 07054

O (973) 753-6455

M (973) 879-3420

Susan.Crane at wyndham.com<mailto:Susan.Crane at wyndham.com>

From: Tim Ackermann <tim at ackermannlaw.com>
Sent: Thursday, December 19, 2024 3:17 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Crane, Susan <susan.crane at wyndham.com>
Subject: Re: [E-trademarks] Other PTO delays

I have two like this -- prosecution history shows "APPROVED FOR PUB" on 25 October but no action since. Sent an inquiry to the TAC nine days ago. Crickets. Tim Ackermann The Ackermann Law Firm E: tim@ ackermannlaw. com P: 817. 305. 0690

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I have two like this -- prosecution history shows "APPROVED FOR PUB" on 25 October but no action since. Sent an inquiry to the TAC nine days ago. Crickets.

Tim Ackermann

The Ackermann Law Firm

E:  tim at ackermannlaw.com<mailto:tim at ackermannlaw.com>
P:  817.305.0690
F:  214.453.0810
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O: 1701 W. Northwest Hwy. Ste. 100
     Grapevine TX 76051

On Thu, Dec 19, 2024 at 1:32 PM Crane, Susan via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:

In addition to a batch of registrations that never issued, it appears a batch of marks approved for pub have not been published.  We had a mark approved by the examiner on 10/24.  After inquiry with the EA, I got the following response, in pertinent part, today:

Apparently, there was an internal process change that delayed the publication date (and that 98XXXXXX was one of many cases set to a delayed date).  I was told by one of our hard working data management specialists that this date has been reset and that it should be moving soon.

I’m sure Ken could come up with a search for marks with a status of “Review prior to publication completed” with no pub dates.

Perhaps the incoming USPTO Director and/or incoming Commissioner for Trademarks needs to take a good hard look at their operations, as these “glitches” seem to be happening with increased frequency.

Sue

Susan L. Crane

Group Vice President, Legal

Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.

22 Sylvan Way

Parsippany, NJ 07054

O (973) 753-6455

M (973) 879-3420

Susan.Crane at wyndham.com<mailto:Susan.Crane at wyndham.com>

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