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

Mon Mar 4 13:01:17 EST 2024

The closest I can come is the following, which picks up unassigned
applications and applications that have been assigned with no further
action:

14,331 results for LD:true AND FD:[* TO 20221231] AND SA:new.

Ron Kadden

On Mon, Mar 4, 2024 at 11:57 AM Ken Boone via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> The search *WD: "the mark consists" AND LD:true AND FD:[* TO 20221231]* retrieves
> a single pending trademark with the drawing
>
> *[image: 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
> [image: 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:*
> [image: 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
>
> --
> E-trademarks mailing list
> E-trademarks at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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