[E-trademarks] Requesting suspension check on third-party application
Ellen Lockwood
ELockwood at slwip.com
Thu Apr 3 16:40:52 UTC 2025
We had a similar situation the other day. I contacted the examiner of our client’s application pointing out the issues, and asking if there was any way she could contact the examiner of the application causing the roadblock (which has been pending since May 2021 with no examination) to try to get things moving. The examiner advised as follows:
The Application has been set aside and taken out of assignability. As a result, this is a matter outside of Trademark Operations’ purview. The Policy Office is the appropriate business unit to contact. I believe they can be reached through the Trademark Assistance Center.
I am working on some deadlines but will be contacting the assistance center. If you contact the examiner of your client’s application, hopefully they can contact the examiner of the roadblock application to get things unstuck.
Ellen
Ellen Lockwood, ACP, RP (she/her)
Trademark Paralegal
[Schwegman Lundberg & Woessner]<http://www.slwip.com/>
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Chris McElwain via E-trademarks
Sent: Thursday, April 3, 2025 11:30 AM
To: e-trademarks at oppedahl-lists.com
Cc: Chris McElwain <chris at knowmad.law>
Subject: [E-trademarks] Requesting suspension check on third-party application
I have an application (A) that’s been suspended for years by a convoluted chain of prior applications: the cited application (B) is itself suspended based on Application C, which in turn is suspended pending an opposition against Application D (Applications C and D are co-owned).
<https://login-us.mimecast.com/u/login/?gta=apps&link=cybergraph-report/eyJhbGciOiJSU0EtT0FFUC0yNTYiLCJlbmMiOiJBMjU2R0NNIn0.EB0gEXipUw8yTN48hzE_E_1b4uh4UBMD3tqczOn-T-ZhYNe5Vs-imRag2jtyZNSdXq4qlkXSaiYeV3yhbpGSVw2SorFC6XoT4LQLcZP8LV3Dic8rUHm1HcfLznUDH2T9vVG0hGJ4pwoDUoc-PfYmbmZAfhtyLe04bveDGNsLkoZjVi-NJoQSASGUKYz7SFf4EdxCNiKUKjal1TFjk5XD9jQcGxbA2oSbZ1xfoNqFkKzUCqMrur8MfYjyjA5w3n0T_T87xuU2-EnbK9eSjs34wJJhE3kt5Td19QARkYsK7Y37jkduAVOYjXTbIx51-rzZTRHslQlpf-udxPv_I-gSdA.yXSjdPLe7LrL1RFh.zaeTe4qz6PrvF-KS3e5xchma63Ve_wqGN5J1w25z0xgKRtaiUFQtXWtsgXMANheXk58fbyurJsV0mGt-u2nK6XFe5ouCJoMuL_VWpUpT1U5aKZd9sTlASKDKCnfvfvyTNxwk9zKMIE8OOnFhOVS4NvfPPsZpNo9Mfe2uOmjxI5hXWeinMM-uv-9Obb7fpWb8yCaZRHNFtzXQxjZv1oIt783hwm7zdPJWdTLiHG2UAVHSIZEiVS6W2U7eG6OBkCzA6O3snJJu23sp1cEirRW5grhpj7rwsDNLSaoroFLXHgSWVYpadDSmTEVhtpkw1tDB7_0rNroEgALPPKZdm5BX4tDuiQGRVNCrKhBwdNMxwQRvAGzM3czwuqFzhQNJabe-_6-nUMAJAwrBngt9BsKmeiRzqI0fJ2VLWLgk_mojclCSs7klq1__wshkhXd09XCU-aQjC19S75Tc32TPyFPiqGsRWYQGXho2xS5KdDwEgbTgMs71syl2ugPvHTzeDXVxQnKJ9ew05vTAQg.DD2gHYok4G6msm1ZPZzdbQ>
CGBANNERINDICATOR
I have an application (A) that’s been suspended for years by a convoluted chain of prior applications: the cited application (B) is itself suspended based on Application C, which in turn is suspended pending an opposition against Application D (Applications C and D are co-owned). A final decision was (finally finally) just issued in the opposition, and I believe Application C is therefore in condition for removal from suspension.
My question is this: Is there anything I can do to nudge these dominoes to fall more quickly? Am I allowed to contact the examiner for Application C to alert them to termination of the opposition? Will it make any difference if I do?
Suspension Letter maintaining suspension on Application C was entered mere days before termination of the opposition, so I could be looking at 6 months minimum before the next suspension check. And, based on recent experience, I have no confidence that one or more of these applications won’t fall through the cracks and get stuck in USPTO limbo indefinitely.
Chris McElwain
Knowmad Law
484 Washington St. #B-313
Monterey, CA 93940
831-275-1401
www.knowmad.law<http://www.knowmad.law>
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