[E-trademarks] Re-filed a previously approved ITU application, now refused?

[daniel at keganlaw.com]

Good luck, on a steep uphill climb.
PTO treats each application, and each examiner’s opinions and office actions as not a precedent.
> Is there any merit to the argument that the applicant should be able to rely on the prior approval without the disclaimer requirement? 
Miracles might happen. Otherwise, have some other evidence/citation based argument, then include your prior-examiner
argument and pray.

Daniel Kegan *  <daniel at keganlaw.com>
KeganLaw * Counsel to Counsel™ * <http://www.keganlaw.com>
We identify, develop, and protect intangible business assets
and counsel other professionals on legal issues.
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Kennett Square PA 19348-2323 USA

> On May 22, 2024, at 3:36 PM, Gordon Firemark via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> Is there any merit to the argument that the applicant should be able to rely on the prior approval without the disclaimer requirement?  
> It seems to me that administrative agencies should apply rules and laws consistently across identical scenarios… particularly when presented by the exact same applicant?  Isn’t this a due-process  thing?   (I can’t find much to support my thinking specifically with respect to the USPTO)

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