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

[Charles B. Kramer]

Someone on the list kindly supplied to me this link:  
https://www.chinaiplawupdate.com/2022/08/uspto-chinese-firms-used-dead-attorney-to-file-trademark-applications/ 
which led me to this similar one:  
https://www.sternekessler.com/news-insights/publications/show-cause-showdown-fraudulent-filers-uspto/ 
Both discuss a "show cause" order relating to a:  
fictitious U.S. attorney, for whom no record exists, by the name of "Jackson George" as the attorney of record in over 2,500 trademark applications and/or registrations 
and lo! "Jackson George" is the attorney on the application I've been complaining about - filed in 2021 and no attorney assigned.  
http://tdr.uspto.gov/search.action?sn=90708026 
A second Letter of Protest is not likely to work anymore than the first one -- which was not reviewed by a Trademark Examiner because none has been assigned.

So... now what?

The other ex-parte procedures of which I am aware (petitions for reexamination / expungement) do not apply.

I see a June 2022 reference to  
"new process to investigate suspicious submissions related to trademark applications" including as "part of an improper filing scheme" https://www.cantorcolburn.com/news-newsletters-298.html 
but (at risk of sounding lame) I haven't tracked down the procedure for that, if there is one.  I do have the Show Cause Order relating to "Jackson George."

 - Charles




>
>----------
>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 B. Kramer, Esq.
~ ATTORNEY ~ 
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