[E-trademarks] Two anecdotes re: USPTO processing times

Tue Jun 18 02:54:44 UTC 2024

The Trademark processing wait times | USPTO<https://www.uspto.gov/trademarks/application-timeline> page indicates Pre-Exam is averaging 100 days to perform their processing.  By my check, 100 days ago was 9 March 2024, but since that's the average, certainly there are plenty of TEAS applications filed prior to 9 March 2024 that have yet to be processed by Pre-Exam.

Several trademark searches quickly come to mind.

10,640 results for LD:true AND SN:98* AND MD:0 AND FD:[* TO 20240308 ]

That is, 10,640 new TEAS applications (the SN:98* part of the search) filed prior to 9 March 2024 still have Mark Drawing Code 0 - Unknown, indicating Pre-Exam has yet to determine the appropriate mark drawing code (and the appropriate design codes for those special form drawings that include designs) for those TEAS filings.

470 results for LD:true AND SN:98* AND FD:[* TO 20240308 ] NOT ( GS:* )

This search suggests that Pre-Exam has yet to correct 470 new TEAS applications filed prior to 9 March 2024 for which automated processing failed to load the GS text from the applications to USPTO systems.  Huh?  How can automated processing fail to load GS entries of TEAS applications?  Wasn't the goal of TEAS to automate the data entry of electronic filings into USPTO systems?  (I used to have a TESS search strategy to identify live trademarks without any active classes.  That search strategy typically retrieved less that 2 dozen trademarks last summer.  Now I'm seeing over 2000 live marks that are completely VOID of GS entries, kind of making that TESS strategy for identifying live marks with no active classes obsolete. )

463 results for LD:true AND SN:98* AND FD:[* TO 20240308 ] NOT ( IC:* )

Of the 470 TEAS applications for the previous search that are VOID of GS entries, apparently 7 of those applications did have the IC entries loaded, though no IDs corresponding to those IC entries are currently available on the search system.

2 results for LD:true AND SN:98* AND FD:[* TO 20240308 ] NOT ( ON:* )

Well, this is more sobering, as TM Search indicates only 2 recent TEAS applications filed prior to 9 March 2024 are missing Owner Name entries (though a quick check of the raw applications on TSDR confirms that the owner data were included in the applications, suggesting some strange failure in the automated load of those 2 TEAS applications).

2 results for LD:true AND SN:98* NOT ( FD:* )

For this search, 2 relatively recent live TEAS filings in the 98 series somehow were loaded to the search system without filing dates.  I'm pretty sure that I alerted the USPTO of one of these several months ago, as the application was deleted from TSDR but not from Trademark Search.  Huh?  Well, maybe the new search database doesn't have a delete operation - that the USPTO will have to rebuild the search database from scratch to make this errant application vanish?

Happy Trademarking,
Ken Boone

PS - Another curious search: 3 results for WD:( *&#* *€* ) AND LD:true

The last part, namely *€*, only accounts for 1 of the 3 hits, except there are dozens of word mark entries that include the € standard character, so why does Trademark Search only find one of those dozens of € marks?  I leave the curiosity of the *&#* part of the search to the reader.  Enjoy!
________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of O'Connell Jr., Robert via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Monday, June 17, 2024 3:56 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: O'Connell Jr., Robert <robert.oconnell at orrick.com>
Subject: [E-trademarks] Two anecdotes re: USPTO processing times

1.  I just received a Design Search Code notice on an application filed February 14th.  I remember the days – not long ago – when those would be issued a few days after filing.

2.  More troubling: We’re trying to file a Madrid application based on a US application filed March 1st, but the Madrid form is generating an error message saying that our serial number hasn’t been processed yet and cannot be used to pre-populate the Madrid form.  “This takes approximately 10-15 days.”  Umm, it’s been three months.  We called the MPU and were told that there is a backlog and technical issues with the pre-populated form. As of today, they do not have an estimated resolution date for these issues.

The More You Know™

Robert M. O'Connell, Jr.

Of Counsel

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