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

[Franco, Laura]

Hi all,

I’m just seeing this thread, and want to chime in with a similar situation:

An app that incorporates my client’s mark was filed in 2021, and received a prior pending refusal, and was suspended.  EXCEPT that the “prior pending” application was an 89 serial number – designating non-registrable material (like Red Cross or Olympics, but it’s not either of them).  I submitted a Letter of Protest explaining the situation, which was accepted and the “evidence” (legal argument and statutory cites?) was passed to the examiner in January 2024.  In February the Examiner did another suspension check.  And nothing has happened since.

What the heck!  I’m concerned the examiner doesn’t understand that an 89 non-registrable material serial number will NEVER achieve registration, and that it is not actually a prior PENDING application.  I’m concerned that this suspension is going to go on in perpetuity.  I spoke with the Senior Attorney in the relevant Law Office, and he wasn’t really helpful.  I’ve been trying to reach the Managing Attorney in that LO, but he seems to be ignoring my calls and emails.

Any suggestions here?  Is there an intermediate place (above the LO and below the Commissioner) that would make sense to contact?  Don’t say the Petitions Office – they shut me down already.

(Sorry if this post appears multiple times…I still can’t quite get the hang of this)

Thanks in advance,
Laura


Laura​​​​ Franco

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