[E-trademarks] A Growing Trademark Search Phenomenon: Null GS Entries

[Ken Boone]

Uuugh, the growing null GS trend continues!  Today, the search  LD:true NOT (GS:* SN:8900* SN:81*) retrieves 661 trademarks with filing dates ranging from 12/31/21 to 01/21/24 with an average filing date of 12/27/23.  (Recently, that null GS search has been retrieving over 500 hits, complicating the download of the hits for review.)

The following table summarizes the last 23 dates that I recorded the hits for that search.

Date
Hits
Average
Oldest
Youngest
Monday, January 22, 2024
661
12/27/23
12/31/21
01/21/24
Sunday, January 21, 2024
657
12/26/23
09/30/22
01/20/24
Saturday, January 20, 2024
646
12/26/23
01/20/23
01/19/24
Friday, January 19, 2024
626
12/24/23
08/11/22
01/18/24
Thursday, January 18, 2024
615
12/23/23
06/30/22
01/17/24
Wednesday, January 17, 2024
588
12/19/23
04/05/23
01/16/24
Tuesday, January 16, 2024
563
12/17/23
04/05/23
01/15/24
Monday, January 15, 2024
551
12/13/23
10/19/20
01/14/24
Sunday, January 14, 2024
548
12/12/23
10/19/20
01/13/24
Saturday, January 13, 2024
544
12/13/23
10/19/20
01/12/24
Friday, January 12, 2024
521
12/16/23
04/05/23
01/11/24
Thursday, January 11, 2024
507
12/12/23
01/24/22
01/10/24
Wednesday, January 10, 2024
483
12/13/23
11/29/22
01/09/24
Tuesday, January 9, 2024
469
12/13/23
04/05/23
01/08/24
Monday, January 8, 2024
454
12/07/23
12/30/21
01/06/24
Sunday, January 7, 2024
454
12/07/23
12/30/21
01/06/24
Saturday, January 6, 2024
459
12/09/23
12/30/21
01/05/24
Friday, January 5, 2024
440
12/12/23
04/05/23
01/04/24
Thursday, January 4, 2024
425
12/07/23
01/25/22
01/03/24
Wednesday, January 3, 2024
414
11/25/23
04/26/10
01/02/24
Sunday, December 31, 2023
429
12/04/23
08/03/22
12/30/23
Saturday, December 30, 2023
422
12/05/23
08/03/22
12/29/23
Friday, December 29, 2023
405
12/03/23
02/08/22
12/28/23

Historically, my review of live marks with no active classes usually had less that 2 dozen marks, so 661 marks today without GS entries is a significant shift is USPTO processing (ignoring that with the new trademark search GS structure, I do not see a way to search for live marks with GS entries but no active GS entries.)

The 10 oldest trademarks for today are the following.

SN
FD
98165030
09/05/23
98165030
09/05/23
97874119
04/05/23
97874119
04/05/23
97772504
01/30/23
97772504
01/30/23
79359134
10/21/22
79358859
09/30/22
79358858
09/30/22
79333935
12/31/21


The oldest, 79333935, is a registered trademark and has a 01/17/2024 note to the file indicating Per Restriction notice received from the International Bureau (IB) on November 16, 2023, changes are made regarding goods/services in Class 35. ... Curiously, it is the only live registration without GS entries retrieved by the search today.

 The next three oldest hits are pending Madrid filings with recently received responses to office actions.  Curiously, the GS entries were deleted but not replaced with the updated GS entries.  I expect those GS entries will be updated this week.

Well, maybe this growing null GS trend will reverse in just over 11 months when the USPTO retires the legacy TRAM system next year.

Happy GS Searching,
Ken Boone

________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Ken Boone via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Friday, January 5, 2024 8:35 AM
To: E-Trademarks at oppedahl-lists.com <e-trademarks at oppedahl-lists.com>
Cc: Ken Boone <boondogles at hotmail.com>
Subject: Re: [E-trademarks] A Growing Trademark Search Phenomenon: Null GS Entries

A brief follow-up.  Last Friday, the search LD:true NOT (GS:* SN:8900* SN:81*) retrieved 405 trademarks with filing dates ranging from 02/08/2022 to 12/28/2023 with an average filing date of 12/03/2023.

Today, that search retrieves 440 trademarks with filing dates ranging from 04/05/2023 to 01/04/24 with an average filing date of 12/12/2023.  The two oldest marks with GS entries were corrected, but more new filings without GS entries appeared, shifting the average filing date of live trademarks without GS entries forward by 8 days.

The table below summarizes the counts by filing date month for 12/29 (last Friday) versus 01/05 (today).

MM/YY
12/29
01/05
Change
02/22
1

-1
08/22
1

-1
04/23
2
2
0
09/23
6
6
0
10/23
14
5
-9
11/23
53
32
-21
12/23
328
350
22
01/24

45
45
Total
405
440
35

The two applications with filing dates in April 2023 have been assigned to examining attorneys for examination.  I'm guessing those examining attorneys were surprised by the null GS entries for those 2 applications.

Curiously, that  LD:true NOT (GS:* SN:8900* SN:81*) search retrieved 828 trademarks on Tuesday, so significant corrections occurred in the last 3 days.

It's pretty obvious that the automatic load of GS entries for new TEAS applications is less that 100% complete.  Well, maybe this null GS problem will disappear when the legacy TRAM system is retired?

___________________
Happy New Year!
Ken Boone

________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Ken Boone via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Friday, December 29, 2023 11:08 AM
To: E-Trademarks at oppedahl-lists.com <e-trademarks at oppedahl-lists.com>
Cc: Ken Boone <boondogles at hotmail.com>
Subject: [E-trademarks] A Growing Trademark Search Phenomenon: Null GS Entries

My TESS strategy for identifying live trademarks without any active classes was forced into retirement with the retirement of TESS.

My best alternate so far: the trademark search LD:true NOT (GS:* SN:8900* SN:81*) retrieves live trademarks without GS text, ignoring the pesky 89-series and the annoying 81-series dead registrations that trademark search continues to retrieve as live registrations.  Today that search retrieves 405 marks, versus only 393 marks yesterday, only 377 marks Wednesday and only 140 marks on December 1st.  Anyone noticing a trend?

The table below summarizes the counts of those 405 live trademarks without GS entries by filing dates.

Date
Count
Date
Count
Date
Count
Date
Count
Date
Count
02/08/22
1
10/20/23
1
11/21/23
1
12/07/23
13
12/17/23
7
08/17/22
1
10/23/23
1
11/27/23
2
12/08/23
13
12/18/23
12
04/05/23
2
10/25/23
1
11/29/23
13
12/09/23
12
12/19/23
15
09/05/23
1
10/27/23
3
11/30/23
26
12/10/23
3
12/20/23
13
09/18/23
3
11/01/23
1
12/01/23
23
12/11/23
18
12/21/23
16
09/20/23
1
11/03/23
1
12/02/23
3
12/12/23
13
12/22/23
22
09/21/23
1
11/12/23
2
12/03/23
6
12/13/23
17
12/23/23
5
10/01/23
1
11/13/23
5
12/04/23
18
12/14/23
12
12/26/23
17
10/11/23
5
11/16/23
1
12/05/23
18
12/15/23
14
12/27/23
9
10/17/23
2
11/20/23
1
12/06/23
17
12/16/23
5
12/28/23
7

Only 4 of the 405 marks are over 4 months old, so the appearance of these void GS entries is primarily a recent phenomenon.  The magnitude of this phenomenon has grown significantly so far this month.  Let's hope that trend does not continue.

Happy Trademarking,
Ken Boone
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