[E-trademarks] No Specimen Ever Filed for Registration
Nancy Prager
nancyprager at yahoo.com
Wed Oct 23 09:56:39 EDT 2024
Interesting, Kat.
I wonder if there was an examiner's amendment that was not notated?
Regardless, if they have used the mark and have a specimen, I would consider fixing the oversight. You can call the Trademark Assistance Center to see if they can advise you further:
1-800-786-9199 (press 1)
Keep us posted!
best,
Nancy
On Wednesday, October 23, 2024 at 09:32:31 AM EDT, Welch, Kat via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
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.
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Kat Welch
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(she/her/hers)
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Attorney
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HUSCH BLACKWELL
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St. Louis, MO 63105
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Direct: 314-345-6272
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Kat.Welch at huschblackwell.com
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huschblackwell.com
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General Assignment
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Intellectual Property
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