[E-trademarks] [EXTERNAL] TTAB Issue

Carl Oppedahl carl at oppedahl.com
Thu Apr 10 17:35:21 UTC 2025


This unhappy experience as reported was in a trademark matter.

I am wondering if there are similar payment-posting lapses on the patent 
side.

I recently filed a paper in a USPTO case.  The date I filed the paper 
made it so that the only way it would be timely is if I had also paid a 
particular extension-of-time fee.

And what showed up was a notice telling me that my paper was untimely 
because I had (supposedly) failed to pay the fee.

I ended up having to escalate to a supervisor to get somebody to admit 
that yes I had paid the fee.  And it sounds like this "collect the money 
now but maybe don't post it timely to the place where somebody would 
need to see that the money had been paid."

On 4/10/2025 8:57 AM, Winningham, Katherine (Law) via E-trademarks wrote:
> I had this happen recently with an appeal.
>
> Nothing showing up and then got an email titled Notice of Deletion of 
> Submission that appeal wasn't properly instituted because fee hadn't 
> been paid.  Had ESTTTA receipt.
>
> I had a heart attack and then called general TTAB number and was told 
> they have payment lags that cause filings not to show up because USPTO 
> hasn't processed fee even though fees have been paid.
>
> They gave me a reference number and I stopped having a heart attack 
> and magically appeal showed up right after call.
>
> Heart attack ended but I never want to encounter this glitch again.
>
> Call 571-272-8500 or 800-786-9199 and try to avoid cardiac arrest.
>
> Katherine Winningham
> Acting Corporation Counsel
> New York City Law Department
> 100 Church Street
> New York, NY 10007
> kwinning at law.nyc.gov
> (347) 637-0824
> ------------------------------------------------------------------------
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on 
> behalf of Palmisciano, Michael via E-trademarks 
> <e-trademarks at oppedahl-lists.com>
> *Sent:* Wednesday, April 9, 2025 5:21 PM
> *To:* E-trademarks at oppedahl-lists.com <E-trademarks at oppedahl-lists.com>
> *Cc:* Palmisciano, Michael <mpalmisciano at sullivanlaw.com>
> *Subject:* [EXTERNAL] [E-trademarks] TTAB Issue
>
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> Hi everyone –
>
> First time caller, long time listener.
>
> We timely filed a TTAB opposition last month. We received a filing 
> receipt, but the opposition is not showing up in TTABVUE and we 
> haven’t received an institution order. The filing receipt explicitly 
> says, if something like this happens, to contact the Board by email at 
> ESTTA at uspto.gov, or, “for immediate help,” call 571 272 8500. We’ve 
> done so repeatedly but no one is answering.
>
> Does anyone have suggestions?
>
> Thanks,
>
> Mike
>
>
> *Michael S. Palmisciano*
> *Partner*
> /he/him/his/
>
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