[E-trademarks] A "the mark consists" Search Curiosity

Mon Mar 4 11:54:08 EST 2024

The search WD: "the mark consists" AND LD:true AND FD:[* TO 20221231] retrieves a single pending trademark with the drawing

[Image for 97681714, select for more details]

Curiously, this 17 November 2022 application (approaching 16 months old) has yet to be assigned to an examining attorney.  Why?  Just guessing, but maybe Pre-Exam set this application aside for review by an attorney as a likely informal application (as the drawing does not resemble any portion of the specimen provided by my quick review).  There is only a single entry in the prosecution history, namely NEW APPLICATION ENTERED dated 4 days following the filing date.  (More typically, a second NEW APPLICATION OFFICE SUPPLIED DATA ENTERED prosecution history entry is added when Pre-Exam has performed their processing.)  This is NOT a pro se application, though I only see 8 total trademarks by that attorney of record.  (The good news is that this is the only "the mark consists" wordmark hit over 14 month old.)

My first question:  Is this an informal application?  Alternatively, could the filer submit a preliminary amendment with Princess Egypt Closet (or some other phrase occurring in the specimen provided) as the word mark for a standard character drawing?  If the latter, wouldn't the filing date have to be amended to the date the amended drawing was received at the USPTO?  (No reply expected.)

My usual follow-up question:  How many other new applications filed prior to 1 January 2023 (i.e., now over 14 months old) have yet to be assigned to an examining attorney for examination?

Are aware of a search on the new trademark search system that answers that question?

The two solutions that I have mentioned before: (1) add the prosecution histories to trademark search and (2) add the TSDR status to trademark search whenever a trademark is updated on trademark search, versus the current SA - Status field that is NOT displayed and whose exact content is unknown. (In this case, it would be nice to search the status new application awaiting assignment to an examining attorney for a particular filing date range to find other older applications yet to be assigned to an examining attorney for examination.)

As it happens, I have a candidate SA - Status field search that appears to retrieve all live applications with the new application awaiting assignment to an examining attorney status.  Today, that search retrieves 381,616 pending trademarks.  Restricting those hits to applications filed prior to 1 January 2023, that search retrieves 13,908 new applications over 14 months old that have not been assigned to a USPTO examining attorney for examination.  Sorry, but I'm still reviewing those 13,908 applications to verify that each has the new application awaiting assignment to an examining attorney status on TSDR, but here are the 15 oldest applications retrieved by my search.

#
SN
FD
WM
Comment
1
90202945
09/23/20
FAT ALBERT
Attorney Name: Mary R. Bonzagni
2
90230047
10/01/20
CHUCKLECIDE
Correspondent e-mail: Legal at theblitzdesign.com
3
90230467
10/01/20
AFFAIRE BIKINIS
Correspondent e-mail: Legal at theblitzdesign.com
4
90230590
10/01/20
IGNITE
Correspondent e-mail: Legal at theblitzdesign.com
5
90230860
10/01/20
I.ANDROID.LIVE FREQUENCY BASED MUSIC
Correspondent e-mail: Legal at theblitzdesign.com
6
90231937
10/02/20
TMC TERRA METALS CORP.
Correspondent e-mail: Legal at theblitzdesign.com
7
90235170
10/05/20
M MYCHMAR
Correspondent e-mail: Legal at theblitzdesign.com
8
90235341
10/05/20
L..O. QUEINT DEFINED FASHION
Correspondent e-mail: Legal at theblitzdesign.com
9
90235429
10/05/20
MINDFUL LUNATIC
Correspondent e-mail: Legal at theblitzdesign.com
10
90235569
10/05/20
BOOKGASM
Correspondent e-mail: Legal at theblitzdesign.com
11
90237546
10/06/20
SPA BEAUTY
Correspondent e-mail: Legal at theblitzdesign.com
12
90238108
10/06/20
SPA BEAUTY NYC
Correspondent e-mail: Legal at theblitzdesign.com
13
90238486
10/06/20
NEW YORK PODIATRY GROUP
Correspondent e-mail: tyler.ross at designproficient.com
14
90239836
10/07/20
HEAVENLY VOICE GLOBAL MINISTRIES.
Correspondent e-mail: Legal at theblitzdesign.com
15
90239912
10/07/20
ENTREPRENEUR CONNECTIONS NETWORK
Correspondent e-mail: tyler.ross at designproficient.com

Hmmm ... perhaps I should generate a more random sample of those 13,908 new applications over 14 months old that have not been assigned to a USPTO examining attorney for examination.  Stay tuned.

Happy trademarking,
Ken Boone

PS - Below, I alerted the USPTO of another 2022 application with the new application awaiting assignment to an examining attorney status on TSDR that also lacks the second NEW APPLICATION OFFICE SUPPLIED DATA ENTERED prosecution history entry.  I intentionally did a copy/paste of status information from TSDR - that the formatting did go sideways, emphasizing the need for a full record display option in the new Trademark Search System.  Alas, nothing has happened with this JUST BE FEARLESS APPAREL application since I alerted the USPTO of the incomplete processing by Pre-Exam.  So it goes.

PPS - Just for fun, try the following search:  GS:"I am not selling anything - just want ownership of the phrase"
1 results for GS:"I am not selling anything - just want ownership of the phrase"

________________________________
From: Ken Boone <boondogles at hotmail.com>
Sent: Wednesday, October 25, 2023 3:45 PM
To: TMFeedback <tmfeedback at uspto.gov>
Subject: 97631882 - JUST BE FEARLESS APPAREL - Filed 13 Oct 2022 - No Valid Mark Drawing Code - Awaiting Examinating Attorney

Dear USPTO,

The subject application is over a year old and still has not been assigned to an examining attorney, perhaps because it still does not have a valid mark drawing code.  It looks like this application has been sitting idle in New Application Processing since 31 October 2022 (the status date).  It is my theory that without a valid mark drawing code, automated processing will NOT assign this application to an examining attorney.  Perhaps someone at the USPTO can shove this application forward by providing a valid mark drawing code (and a few design search codes) to help this application progress to examination?

Generated on:
This page was generated by TSDR on 2023-10-25 16:33:16 EDT
Mark:
JUST BE FEARLESS APPAREL
[Trademark image]
US Serial Number:
97631882
Application Filing Date:
Oct. 13, 2022
Filed as TEAS Plus:
Yes
Currently TEAS Plus:
Yes
Register:
Principal
Mark Type:
Trademark
TM5 Common Status Descriptor:
[TM5 Common Status image]

LIVE/APPLICATION/Awaiting Examination

The trademark application has been accepted by the Office (has met the minimum filing requirements) and has not yet been assigned to an examiner.

Status:
New application awaiting assignment to an examining attorney. See current trademark processing wait times <https://www.uspto.gov/dashboard/trademarks/application-timeline.html> for more information.
Status Date:
Oct. 31, 2022

Mark Information
Mark Literal Elements:
JUST BE FEARLESS APPAREL
Standard Character Claim:
No
Mark Drawing Type:
-
Description of Mark:
The mark consists of just be fearless apparel color all black letters.
Color(s) Claimed:
Color is not claimed as a feature of the mark.
Goods and Services
Basis Information (Case Level)
Current Owner(s) Information
Attorney/Correspondence Information
Prosecution History
TM Staff and Location Information
TM Staff Information - None
File Location
Current Location:
NEW APPLICATION PROCESSING
Date in Location:
Oct. 31, 2022
Assignment Abstract Of Title Information - Click to Load
Proceedings - Click to Load

Hope this helps,
Ken Boone

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