[E-trademarks] Examiner Changed Her Mind (But In A Good Way)

Sam Castree sam at castreelaw.com
Tue Oct 29 15:59:47 UTC 2024


Just a fairly happy little story for you, list friends.

A client's application has been in suspension since April of 2023 on a 2(d)
issue.  It's really not an issue, because the marks weren't really all that
related, but the examiner thought that there was an issue.  We ended up
coming to terms with the other markholder, but we've been holding off doing
anything else to give my client more time to finish development.  Never
filed a response or submitted the agreement with the other markholder or
anything.  Well, I checked the application today, just on a whim, and it
seems that the examiner issued a "Public Note" on Oct. 10 to say, and I
quote, "reevaluated prior pend cite, decided not to move forward with it."
So now the mark is approved for publication without having to argue with
the examiner any further.  Sometimes, things do manage to work out, I guess.

May all of your 2(d) problems be resolved as simply.

Cheers,

Sam Castree, III

*Sam Castree Law, LLC*
*3421 W. Elm St.*
*McHenry, IL 60050*
*(815) 344-6300*
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