[E-trademarks] Mark not examined in over three years: OR Franz Kafka's Secret Trademark Office

[Charles Kramer]

TrademarkAssistanceCenter at uspto.gov seconded the suggestion of the Examiner
in my client's suspended application, agreeing I should contact
TMpolicy at USPTO.GOV about the preexisting application on which no Examiner
had been appointed in over three years.  So I wrote to TMpolicy at USPTO.GOV
and it wrote back:

Good afternoon,
Thank you for your question regarding assignment of an examining attorney
for SN 90xxxxx, which is a third party application.  USPTO employees may
not discuss the merits of any particular application or registration with a
third party. TMEP §1806. Moreover, third parties have no authority to
request assignment of trademark applications.  While we understand your
frustration, we have experienced an unprecedented surge in new
applications. With the surge in filings, we have a higher number of
unexamined applications and it is taking longer to examine initial
applications.
We appreciate your patience


I plan not to respond.  But IMO:

1.  I did not ask for an ex parte "discussion" of the merits of the
application in which no Examiner was appointed.   I was doing a public
service by alerting the TM Office to the fact an application got lost.

2.  I should "be patient"?  The delay is OVER three years, during which
10,000s of later filed applications have already been examined and become
registrations.

In sum, the TM Office's communications have been inconsistent, not
believable, and not helpful.




*==================================================== Charles B. Kramer,
Esq. ~ ATTORNEY ~ Linkedin*: www.linkedin.com/in/charleskramer
*  Mobile*: +1 917-512-2721 (text, voice, voicemail)
*     Fax*: +1 347-493-3583
*   Email*: charles.b.kramer at gmail.com
*    Mail*: 200 E. 10th Street, No. 816, New York, NY 10003

*====================================================*
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