[E-trademarks] how old the oldest applications are that have never seen an Examining Attorney?

Ken Boone boondogles at hotmail.com
Wed Nov 27 22:13:04 UTC 2024 

The comment 8/23/2022, Ken Boone via E-trademarks caught me off guard.  Digging through my email archive, that 8/23/2022 list of older pending applications awaiting assignment to examining attorneys was generated via crude searches on TESS - that the new Trademark Search was not available for beta testing until about a week later, plus it took several more months before I constructed the search

(SA:" application assignment" ~5) NOT (SA:" application assignment" ~3)

that appears to retrieve only new trademark applications with the new application awaiting assignment to an examining attorney status on TSDR.  Since that search was not available until several months later, my lists of older applications with the new application awaiting assignment to an examining attorney status on TSDR were far from complete.

Today, the search

FD:[* TO 20210930] AND (SA:" application assignment" ~5) NOT (SA:" application assignment" ~3)

retrieves 3,879 new applications filed prior to 1 October 2021 that have the new application awaiting assignment to an examining attorney status on TSDR, far more than the 75 applications that I mentioned on 8/23/2022.  That is, there are nearly 4,000 new applications filed prior to October 2021 that the USPTO appears to be ignoring.

Curiously, the search

((SA:" application assignment" ~5) NOT (SA:" application assignment" ~3)) NOT FD:*

retrieves a single new application (SN 98305614) awaiting assignment to an examining attorney that has no filing date entry, except if you toggle to TSDR, you'll get the error message: The system was unable to perform your search.  Why?  See the 7 February email to the USPTO pasted below, where I expected application 98305614 to be declared informal, but instead the USPTO successfully removed 98305614 from TSDR but not from Trademark Search.

Happy Thanksgiving,
Ken Boone


________________________________
From: Ken Boone <boondogles at hotmail.com>
Sent: Wednesday, February 7, 2024 5:24 AM
To: TMFeedback <tmfeedback at uspto.gov>
Cc: TEAS Support <TEAS at USPTO.GOV>
Subject: 98305614 - T.Markey - USPTO TEST - No Filing Date! No Word Mark Entry!

This pending application looks like a USPTO test that should have been declared an informal application but it still looks like a real application on the search system and TSDR with status New application awaiting assignment to an examining attorney except the raw application is not available on TSDR and the search system does not display a drawing though TSDR does display a drawing.  Does noise like this inspire confidence in USPTO processing? Time for a cleanup on aisle 98305614?

Generated on:     This page was generated by TSDR on 2024-02-07 05:56:06 EST
Mark:       
[cid:9c3bf063-d02a-4450-ac6f-40da8ed39fa2]
US Serial Number: 98305614    Application Filing Date:      
Register:   Principal
Mark Type:  Trademark, Service Mark
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 for more information.
Status Date:      Jan. 25, 2024

Mark Information
Mark Literal Elements:  None
Standard Character Claim:     Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
Mark Drawing Type:      1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
Goods and Services
Note:
The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services;
Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
Asterisks *..* identify additional (new) wording in the goods/services.
For:  Computer hardware
International Class(es):      009 - Primary Class     U.S Class(es):    021, 023, 026, 036, 038
Class Status:     ACTIVE
Basis:      1(b)
For:  Shirt buttons
International Class(es):      026 - Primary Class     U.S Class(es):    037, 039, 040, 042, 050
Class Status:     ACTIVE
Basis:      1(b)
For:  Customizing computer hardware
International Class(es):      037 - Primary Class     U.S Class(es):    100, 103, 106
Class Status:     ACTIVE
Basis:      1(b)
Basis Information (Case Level)
Filed Use:  No    Currently Use:    No
Filed ITU:  No    Currently ITU:    No
Filed 44D:  No    Currently 44D:    No
Filed 44E:  No    Currently 44E:    No
Filed 66A:  No    Currently 66A:    No
Filed No Basis:   No    Currently No Basis:     No
Current Owner(s) Information
Owner Name: Jane Doe
Owner Address:    
207 South Houston St., Suite 159
Dallas, TEXAS UNITED STATES 75202
Legal Entity Type:      INDIVIDUAL  Citizenship:      UNITED STATES
Attorney/Correspondence Information
Attorney of Record
Attorney Name:    John Doe          
Attorney Primary Email Address:     t.m.e.filetestuser2022 at gmail.com    Attorney Email Authorized:    Yes
Correspondent
Correspondent Name/Address:   
John Doe
600 Dulany Street
Alexandria, VIRGINIA UNITED STATES 12345
Correspondent e-mail:   t.m.e.filetestuser2022 at gmail.com    Correspondent e-mail Authorized:    Yes
Domestic Representative - Not Found
Prosecution History
Date  Description Proceeding Number
Dec. 08, 2023     NEW APPLICATION ENTERED 
Dec. 08, 2023     APPLICATION FILING RECEIPT MAILED   
TM Staff and Location Information
TM Staff Information
TM Attorney:            Law Office Assigned:    Not Assigned
File Location
Current Location: NEW APPLICATION PROCESSING    Date in Location: Jan. 25, 2024


Hope this helps,
Ken Boone


________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Carl Oppedahl via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Wednesday, November 27, 2024 3:13 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Carl Oppedahl <carl at oppedahl.com>
Subject: Re: [E-trademarks] how old the oldest applications are that have never seen an Examining Attorney?


Some months ago I dropped an email to Commissioner Gooder, flagging this list of old applications that were stalled with no examiner.  He wrote back to me that he would look into it and get back to me.   I have not heard back from Commissioner Gooder.

On 11/27/2024 1:16 PM, Charles B. Kramer via E-trademarks wrote:
8/23/2022, Ken Boone via E-trademarks wrote:
On Saturday, August 20th, I had a list of 136 live applications filed prior to 1 October 2021 that had the new application will be assigned to an examining attorney approximately 6 months after filing date status on TSDR.
As of today's check, that list is reduced to 75 live applications filed prior to 1 October 2021 but still having the new application will be assigned to an examining attorney approximately 6 months after filing date status on TSDR

No movement for my client -- who's application is blocked by one filed in 2021 and "not assigned to an Examiner."

The applicant for the blocking application -- and, yes, it is based in China -- appears to have two other applications pending.  One of those also has no Examiner, but the other was approved for publication.

Some of you may know my view: there is something very wrong here.  If there is a reason for an application being in permanent limbo, the reasons should be known and possible to address.  But apart from investigating whether there is any method or basis for suing the USPTO, I am out of ideas.

My hope that a LoP would spur action was unjustified.  The Trademark Office is fully aware of the situation -- the LoP people know, the Trademark Examiner in my client's application knows, the Assistance people know.  It's just not doing anything.  This did not fall through a crack, it's being held.

 - Charles


===========================================
THE BLCOKING APPLICATION

[Emacs!]




===========================================
Charles B. Kramer, Esq.
~ ATTORNEY ~
Linkedin: www.linkedin.com/in/charleskramer<http://www.linkedin.com/in/charleskramer>
     Tel: +1 917-512-2721
   Email: charles at charlesbkramer.com<mailto:charles at charlesbkramer.com> <--- for direct responses (I don't monitor CharlesBKramer.TM at gmail.com<mailto:CharlesBKramer.TM at gmail.com>)
    Mail: 200 E. 10th Street, No. 816, New York, NY 10003

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