[E-trademarks] Trademark Examination Vent: How does this even happen?

[Crane, Susan]

Does the applicant have other marks that were filed 9 months ago – they may have gotten incredibly lucky in a same owner sweep.

Susan L. Crane
Group Vice President, Legal
Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.
22 Sylvan Way
Parsippany, NJ 07054
O (973) 753-6455
M (973) 879-3420
Susan.Crane at wyndham.com<mailto:Susan.Crane at wyndham.com>



From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Tim Ackermann via E-trademarks
Sent: Thursday, May 9, 2024 11:10 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Tim Ackermann <tim at ackermannlaw.com>
Subject: Re: [E-trademarks] Trademark Examination Vent: How does this even happen?

Wow - 20 days to Approved! On Thu, May 9, 2024, 10: 07 Leesa N. Weiss via E-trademarks <e-trademarks@ oppedahl-lists. com> wrote: This morning, one of the watch services with which one of my client’s trademarks is listed sent me a notice
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Wow - 20 days to Approved!

On Thu, May 9, 2024, 10:07 Leesa N. Weiss via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
This morning, one of the watch services with which one of my client’s trademarks is listed sent me a notice of a U.S. application published for opposition at the end of April. It’s a use-based application filed under Section 1(a) utilizing TEASPlus; the 23 goods identified within the single class do not fit neatly into one category. The specimen is definitely suspect: a print out from a questionable online website from which one of the products allegedly was purchased and depicts what appears to be a photograph of a product on which the subject trademark appears to be photoshopped and misspelled!

The TSDR file history is as follows (note the dates!):

[cid:image001.png at 01DAA1FE.660464A0]

As of this morning, the status dates for new applications being reached for examination reads:

[cid:image002.png at 01DAA1FF.131E3490]
Apart from having to file an opposition to which the applicant likely will not answer, is there an office or individual to whom one can complain at the PTO regarding these issues? My client’s mark and the published mark, both in the same class and identify a number of the same goods, differ by a single letter.

Vent over and, if you’ve read this far, thank you.

Leesa





Leesa N. Weiss
Partner

9801 Washingtonian Boulevard, Suite 750
Gaithersburg, MD 20878
lweiss at esfip.com<mailto:lweiss at esfip.com>
Direct:  240-864-2472
Fax:  301-762-4056

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