[E-trademarks] No Specimen Ever Filed for Registration

[Ken Boone]

I'm sure I've seen this happen before and expect that if you send the serial number to the USPTO TMFeedback, they will review their records and presumably declare the registration inadvertent, deleting the registration number and sending the application back to the examining attorney.  Given the backlog, though, it could take weeks or even longer for those actions to occur.

I reported a similar flawed registration - the application was terminated after publication by the TTAB response to an opposition, yet the application somehow registered within a month of that TTAB action (see 97052724 - BERRACA, which now has a public notice that the registration was inadvertently issued dated 19 September but still appears as an active registration on TM Search and TSDR - I found this irregularity because the trademark was live but had no active classes).  Obviously, USPTO processing is not always accurate.


Happy Trademarking,
Ken Boone
________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Welch, Kat via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Wednesday, October 23, 2024 8:28 AM
To: e-trademarks at oppedahl-lists.com <e-trademarks at oppedahl-lists.com>
Cc: Welch, Kat <Kat.Welch at huschblackwell.com>
Subject: [E-trademarks] No Specimen Ever Filed for Registration


Weird situation that I’m wondering if anyone else has seen. A client filed their own 1(a) application about three years ago but didn’t include a specimen. Trademark Office issued an OA requesting evidence of use, but then sent a notice of publication less than 24 hours later. Application matured into a registration even though no specimen was ever submitted. Does this threaten the client’s registration? What do we even do in this situation? Call the USPTO? Wait for the Section 8 filing? Never heard of this happening to anyone before. I assume it was an administrative error but don’t want client being knocked for it.



Kat​​​​ Welch

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