[E-trademarks] Quick Procedural Question

Thu Jun 6 16:38:26 EDT 2024

One additional note.  If you file your response within the first three  months and have not requested an extension, your deadline to appeal is 3 months from the date of the final OA and cannot be extended.   If you want to see if the examiner changes his mind before you have to appeal, you should request the extension BEFORE you file the response, even if the response will be within the three month initial window.  You’ll then have the full six months to appeal.

Kevin Grierson
[cid:image001.png at 01DAB82F.F23EDA30]
[Mobile:]
  757-726-7799<tel:757-726-7799>
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  866-521-5663<fax:866-521-5663>
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  kgrierson at cm.law<mailto:kgrierson at cm.law>

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Robert Reynolds via E-trademarks
Sent: Thursday, June 6, 2024 4:34 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Robert Reynolds <rreynolds at kandrip.com>
Subject: Re: [E-trademarks] Quick Procedural Question

EXTERNAL EMAIL
Hi Sam,

You can find the rules in TMEP §714 and §1501, and in TBMP §1202.02. Once a final action issues, you can either make a request for reconsideration (the “response to the office action) and/or make an appeal to the TTAB. You’ve got 3 months from the OA issuance date for Section 1 and 44 applications, 6 months from issue date for 66(a) applications. (TTAB copy of relevant statute link<https://tbmp.uspto.gov/RDMS/TFSR/current#/current/r-edfd22b8-3131-46ad-819b-f8a44b4ad541.html>)

When we file a request for reconsideration we also file a notice of appeal, just to make sure we don’t miss it. It’s a small enough fee, better to just make it now rather than miss it.

Bob Reynolds
Senior Counsel
Klintworth & Rozenblat IP LLP
2045 W. Grand Ave, Ste B PMB 84396
Chicago, Illinois 60612
direct 773.770-2554  fax 773.570.3328
rreynolds at kandrip.com<mailto:rreynolds at kandrip.com>
www.kandrip.com<http://www.kandrip.com/>

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Sam Castree via E-trademarks
Sent: Thursday, June 6, 2024 3:13 PM
To: for trademark practitioners <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Sam Castree <sam at castreelaw.com<mailto:sam at castreelaw.com>>
Subject: [E-trademarks] Quick Procedural Question

Greetings Trademark Friends,

I feel like this is kind of a stupid question, but it's been several years since I had to do any sort of appeal work at the PTO.  So, I have an application that got a final office action.  We think that the examiner is just plain wrong.  If we respond to this final office action, then will we still have a chance to appeal to the TTAB if the examiner can't be made to see reason?  And if so, what kind of filing deadline are we looking at for the appeal?

Many thanks in advance.

Cheers,

Sam Castree, III

Sam Castree Law, LLC
3421 W. Elm St.
McHenry, IL 60050
(815) 344-6300

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