[E-trademarks] A "the mark consists" Search Curiosity
Carl Oppedahl
carl at oppedahl.com
Mon Mar 4 13:24:57 EST 2024
Thank you, Ken and Ron. This is fascinating.
One wonders how it can be that the Trademark Office clearly does not do
such "boundary condition checking" itself. Anybody who administers any
system that tracks tasks or production would normally incorporate a
variety of boundary condition checks into the routine workflow.
This includes things like cross-checking to see whether characters are
rendered legibly in one part of the system but are rendered
unintelligibly in some other part of the system. This includes things
like identifying entries in the database that have had no changes to the
entry in more than X number of weeks or months. In a system where there
are easy-to-see starting points and end points for tasks, here for
example the filing date and the registration date, there are simple and
easy-to-do reports that could be generated to try to identify cases that
deviate widely from the normal life span of the tasks.
This stuff is easy to do (Ken does it, Ron does it, others on the
listserv do it) and easy to automate. Yet it is clear the Trademark
Office snoozes through stuff like this.
There ought to be automated reports, maybe once per month, that land on
the desk of somebody in the office of the Commissioner for Trademarks.
And the reports would list stuff like this. And somebody somewhere
would figure out why this category of cases or that category of cases
ends up languishing.
On 3/4/2024 11:01 AM, Ron Kadden via E-trademarks wrote:
> 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 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
>
> --
> 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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