[E-trademarks] Fw: 97814946 - THE NEWPORT ... - Incomplete Processing By Pre-Exam???

[Ken Boone]

Yet again, I have alerted the USPTO that the subject application and 15 additional older applications still have the UNKNOWN mark drawing code, a phenomenon that I've reported before, as I am convinced that such incomplete processing by Pre-Exam prevents automated processing for assigning such applications to examining attorneys for examination.

Maybe some USPTO lurkers in this discussion group will alert Pre-Exam weekly of any live applications over say 3 months old with the UNKNOWN mark drawing code and requiring additional Pre-Exam processing so that this phenomenon no longer occurs?

Sadly, I am NOT aware of any search syntax to identify older pending applications yet to be assigned to examining attorneys for examination.  Case in point, the USPTO did NOT add a Prosecution History (PH:) search field to the new trademark search system to allow a search like

LD:true AND FD:[20200101 TO 20221231 ] NOT PH:("ASSIGNED TO EXAMINER")

that presumably would retrieve at least the 12 applications list in my alert to the USPTO below that were filed in 2022 and currently have the UNKNOWN mark drawing code.  So it goes.

________________________________
Ken Boone
________________________________
From: Ken Boone <boondogles at hotmail.com>
Sent: Monday, January 22, 2024 11:24 AM
To: TMFeedback <tmfeedback at uspto.gov>
Subject: 97814946 - THE NEWPORT ... - Incomplete Processing By Pre-Exam???

Your Backlog page indicates you are ... currently examining new applications submitted between: April 10, 2023 - April 24, 2023, but the application with serial number 97814946 was filed Feb. 28, 2023, nearly 2 months prior to that date range, yet this older application has yet to be assigned to an examining attorney, as though the incomplete processing by Pre-Exam (e.g., failure to correct the word mark literal per USPTO standards, failure to update the mark drawing code from UNKNOWN, and the possible failure to add appropriate design search code(s)) prevented automated processing from assigning this application to an examining attorney.   I recommend alerting Pre-Exam to complete their initial processing of this older application ASAP so that automated processing will recognize that this application is ready to be assigned to an examining attorney.

Following is the relevant information for this application from TSDR.

[cid:d575e78c-983d-40f0-9775-6b3408f65335]

US Serial Number:
97814946
Application Filing Date:
Feb. 28, 2023
Register:
Principal
Mark Type:
Service Mark
Status:
New application awaiting assignment to an examining attorney. See current trademark processing wait times for more information.
Status Date:
Mar. 19, 2023
Mark Literal Elements:
THE LITERAL ELEMENTS OF THE MARK ARE "THE NEWPORT" POSITIONED ABOVE "HARBOR HOTEL AND MARINA". THE MARK INCLUDES A STYLIZED "O" IN THE FORMATIVE "NEWPORT".
Standard Character Claim:
No
Mark Drawing Type:
0 - UNKNOWN MARK DRAWING TYPE
Description of Mark:
The mark consists of the phrase "THE NEWPORT" positioned above the phrase "HARBOR HOTEL AND MARINA". The mark includes a stylized "O" in the formative "NEWPORT".
Color(s) Claimed:
Color is not claimed as a feature of the mark.

Sadly, the search LD:true AND MD:unknown AND FD:[* TO 20230228 ] NOT SN:81* retrieves 15 additional live applications older than this application - that Pre-Exam appears to have failed to perform their initial processing on at least 15 additional applications that are older than this application.  For your convenience, here are those 15 older applications with the UNKNOWN mark drawing code that need further processing by Pre-Exam (though some may be informal applications).

SN
Word Mark
FD
97751475
THE ORIGINAL TENDER HEAD
01/12/23
97747583
DASONG
01/10/23
97742991
FLIPSHOPCART
01/05/23
97711634
QUILLO
12/09/22
97705051
LAUMA PAINTS
12/06/22
97703211
GOJI
12/04/22
97702578

12/02/22
97699818
ELLÈY, GOD IS MY LIGHT, E
12/01/22
97696098
OPTYMYN MORE ENERGY. MORE FOCUS. MORE FUN. OPTIMUM BRAIN PERFORMANCE
11/29/22
97686910
VANDALINE
11/21/22
97683209
VIVRI
11/18/22
97673962
MCM PLUMBING
11/11/22
97669851
SNOWPRO
11/09/22
97665279

11/07/22
97631882
JUST BE FEARLESS APPAREL
10/13/22



Hope this helps,
Ken Boone
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