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

Ken Boone boondogles at hotmail.com
Fri Dec 20 00:39:51 UTC 2024 

The new information for this theme inspired a few searches.  The MINI POP IT filing has the Suspended Pending Administrative Review status on TSDR, inspiring a SA search of all 4 terms.

16,184 results for SA:(Suspended AND Pending AND Administrative AND Review) - I was surprised by the hit count for that search, particularly since I don't recall that status before, but 5,104 results for SA:(Suspended AND Pending AND Administrative AND Review) AND UD:[* TO 20231231] indicates that status was in use prior to the start of calendar year 2024, so clearly my memory is clouded.

2,110 results for SA:(Suspended AND Pending AND Administrative AND Review) AND AT:(Jackson AND George) versus only 2,115 results for AT:(Jackson AND George) AND LD:true - It appears Jackson George has attracted considerable suspension attention at the USPTO.

Those search results prompted me to revisit my earlier spreadsheet tracking new applications awaiting assignment to examining attorneys that I had last visited around Thanksgiving.  Surprise!  Significant changes from 11/27 to today (though still plenty of room for further improvements).

Filing Date Year
06/27
11/27
12/19
Search
2018
1
0
0
FD:[* TO 20181231] AND (SA:" application assignment" ~5) NOT (SA:" application assignment" ~3)
2019
1
0
0
FD:[20190101 TO 20191231]  AND (SA:" application assignment" ~5) NOT (SA:" application assignment" ~3)
2020
769
746
201
FD:[20200101 TO 20201231]  AND (SA:" application assignment" ~5) NOT (SA:" application assignment" ~3)
2021
5,861
5,700
        4,827
FD:[20210101 TO 20211231]  AND (SA:" application assignment" ~5) NOT (SA:" application assignment" ~3)
2022
6,841
6,452
        6,397
FD:[20220101 TO 20221231]  AND (SA:" application assignment" ~5) NOT (SA:" application assignment" ~3)
2023
55,981
13,243
      12,920
FD:[20230101 TO 20231231]  AND (SA:" application assignment" ~5) NOT (SA:" application assignment" ~3)
2024
272,500
317,046
    309,847
FD:[20240101 TO 20241231]  AND (SA:" application assignment" ~5) NOT (SA:" application assignment" ~3)
No Filing Date
2
1
1
( (SA:" application assignment" ~5) NOT (SA:" application assignment" ~3) ) NOT ( FD:* )

Yes, there's room for more checks, such as checking the SA:(Suspended AND Pending AND Administrative AND Review) status by filing date calendar year.  Maybe tomorrow, or maybe next year.

___________________
Happy Suspended Pending Administrative Review Status,
Ken Boone

________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Kevin Grierson via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Thursday, December 19, 2024 2:41 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Kevin Grierson <kgrierson at cm.law>; For a direct response <charles.b.kramer at gmail.com>
Subject: Re: [E-trademarks] Serial #________ - suspension based on MINI POP IT serial #90708026


A bit odd, given that the letter doesn’t specify what submission potentially violates the USPTO’s rules.  Maybe a separate email was sent to the applicant’s counsel that isn’t in the record?



In any event, if they’re going to suspend an application, they should just do that and let the applicant know why, rather than moving it to a “shadow docket” and taking no other action.



Kevin Grierson​​​​

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Charles B. Kramer via E-trademarks
Sent: Wednesday, December 18, 2024 11:37 PM
To: e-trademarks at oppedahl-lists.com
Cc: Charles B. Kramer <charlesbkramer.tm at gmail.com>; For a direct response <charles.b.kramer at gmail.com>
Subject: Re: [E-trademarks] Serial #________ - suspension based on MINI POP IT serial #90708026



EXTERNAL EMAIL

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<mailto: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<mailto: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<mailto:TrademarkAssistanceCenter at USPTO.GOV>>; TM Policy <TMpolicy at USPTO.GOV<mailto:TMpolicy at USPTO.GOV>>; TMFeedback <TMFeedback at USPTO.GOV<mailto: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" < TrademarkAssistanceCenter at USPTO.GOV<mailto:TrademarkAssistanceCenter at USPTO.GOV>> and TMPolicy at uspto.gov<mailto:TMPolicy at uspto.gov> and TMFeedback at uspto.gov<mailto: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: charles.b.kramer at gmail.com<mailto:charles.b.kramer at gmail.com>

Linkedin: www.linkedin.com/in/charleskramer<http://www.linkedin.com/in/charleskramer>




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