[E-trademarks] Live Trademarks With No Active Classes: 53 Trademarks With GS Text

Thu Oct 3 14:27:41 UTC 2024

Ken,
 Both of the POP DADDY and LA MERIDANA registration certificates you noted
have no goods / class listed because the classes were marked as canceled
under Section 18, even though the original certificates were normal.
Section 18 is the basis, for instance, were there an opposition or
cancellation proceeding. Neither of these marks had such a proceeding. I
suspect that the USPTO Section 7 amendment process must be causing an error
to mark the classes canceled in this fashion.
Tim Ackermann
The Ackermann Law Firm

E:  tim at ackermannlaw.com
P:  817.305.0690
F:  214.453.0810
W: ackermannlaw.com
O: 1701 W. Northwest Hwy. Ste. 100
     Grapevine TX 76051

On Sat, Sep 28, 2024 at 12:28 PM Ken Boone via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> There's good news lately for this phenomenon.  While I identified 85 live
> trademarks with GS text entries having no active GS text entries on August
> 31st, and that count swelled to 124 on September 15th, occurrences of this
> phenomenon have decreased significantly this past week.  I now see only 53
> live trademarks with GS text entries having no active GS entries.  (Of
> course, that's ignoring the over 2,400 live trademarks without any GS text.)
>
> On September 18th, I emailed the USPTO specifically about 3 occurrences of
> this phenomenon, namely 97052724 - BERRACA, 88263873 (POP DADDY · PRETZELS
> & Design) and 87888362 (PET LIFE TODAY).  You might want to view these 3
> registrations on TSDR before reading further.
>
> ____________________________
>
> 97052724 - BERRACA
>
> You would expect that once an application was published for opposition and
> an opposition was filed, further action would be blocked until that
> opposition was resolved, but checking the prosecution, three entries, namely
> Sep. 12, 2023   REGISTERED-PRINCIPAL REGISTER
> Aug. 16, 2023   ABANDONMENT NOTICE E-MAILED - INTER PARTES
> DECISION
> Dec. 06, 2022   PUBLISHED FOR OPPOSITION
> caught my attention, namely that the application progressed to
> registration less than a month after an opposition to the trademark was
> sustained by the TTAB.  Huh?
>
> As it happens, the USPTO acted on this particular registration the next
> day, namely posting a Public Note on TSDR that the registration was
> inadvertently issued and would be cancelled, although that cancellation
> activity has yet to be completed. (Imagine you were the applicant,
> receiving a registration certificate about a month after the TTAB has ruled
> against the registration of your trademark.  You probably would not be too
> anxious to notify the USPTO of their registration error, would you?)
> ____________________________
>
> 88263873 (POP DADDY · PRETZELS & Design)
>
> The updated registration certificate dated 13 August 2024 caught my
> attention, as there is no IC or GS entry on that registration certificate.
> Isn't that an error? I expected that the USPTO's processing would have
> rejected this registration certificate as INCOMPLETE - NO GOODS/SERVICES
> provided.  Or would the typical registrant appreciate a registration
> certificate without any goods/services listed?  (Here's another - the 21
> May 2024 updated registration certificate for 86771366 {LA MERIDANA &
> design}.)
> ____________________________
>
> 87888362 (PET LIFE TODAY)
>
> The 19 May 2023 PR- Section 7 Surrender caught my attention - that the
> attorney of record had requested the cancellation of the registration.
> Since my September 18th alert to the USPTO, this registration is now dead.
>
> ____________________________
>
>
> Happy Trademarking,
> Ken Boone
> ------------------------------
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf
> of Ken Boone via E-trademarks <e-trademarks at oppedahl-lists.com>
> *Sent:* Saturday, August 31, 2024 8:18 AM
> *To:* E-Trademarks at oppedahl-lists.com <e-trademarks at oppedahl-lists.com>
> *Cc:* Ken Boone <boondogles at hotmail.com>
> *Subject:* [E-trademarks] Live Trademarks With No Active Classes: 85
> Trademarks With GS Text
>
> Aside from the 2,437 live trademarks with no GS text entries retrieved by
> the search *LD:true NOT (GS:* SN:89*)*, my new Trademark Search strategy
> to identify live trademarks with no active GS entries retrieves *85 live
> trademarks with GS text entries*.  I'm still reviewing that strategy, but
> the following search should retrieve the 85 live trademarks with GS text
> but no active classes.
>
> SN:( 90838503 90670118 88401848 88263873 87888362 87588819 87531460
> 87512717 87480193 87459478 87432120 87380471 87378186 87359216 87347953
> 87267182 87139069 86899650 86771366 86346192 86189258 86169226 86069805
> 85926998 85874116 85823670 85610761 85523695 85130073 81153874 79382156
> 79370101 79364409 79360907 79356826 79356764 79355938 79355913 79352505
> 79350349 79247396 79213461 79151546 79141743 79139067 79138439 79137687
> 79131238 79127469 79115906 78382437 78266002 78180284 77979469 77946976
> 77946881 77333259 76545579 76488724 76432958 76417360 76402989 76333075
> 75714594 74064063 73697638 73626764 73616989 73606647 73601633 73584244
> 73565434 73549775 73534225 73496450 73487453 73484549 73484548 73432082
> 73424364 73385255 73319466 73316029 73254808 73029185 )
>
> For example, 90838503, the first serial number listed, has the following
> GS information on TSDR.
>
> For: Entertainment services, namely, baseball games and baseball
> exhibitions; Entertainment services, namely, conducting contests and
> sweepstakes; Providing news, information all in the filed of sports;
> Organizing community sporting and cultural events; Conducting guided tours
> of a baseball stadium
> International Class(es): 041 - Primary Class U.S Class(es): 100, 101, 107
> Class Status: SECTION 18 - CANCELLED
> Basis: 1(a)
> First Use: 2014 Use in Commerce: 2014
>
> Another example: 87588819 - OPPENHEIMER USA
>
> For: Candies; Candy; Candy with cocoa; Chocolate candies; Chocolate chips;
> Chocolate truffles; Fruit jelly candy; Gelatin-based chewy candies; Gummy
> candies; [ Ice candies; ] Lollipops; Marzipan; Sugarless candies; [ Topping
> syrup; Wheat-based snack foods; ] White chocolate chips
> International Class(es): 030 - Primary Class U.S Class(es): 046
> Class Status: SECTION 24 - CANCELLED
> Basis: 1(a)
> First Use: Aug. 01, 1991 Use in Commerce: Aug. 01, 1991
>
> Admittedly, I'm not curious enough to research the meaning/significance of SECTION
> 18 - CANCELLED or SECTION 24 - CANCELLED.
>
> Happy Trademarking,
> 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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