[E-trademarks] second oddity of the day in Trademark Center

[Carl Oppedahl]

Yes it looks like the Trademark Office is violating its own rules on this.

But I have a very different question.  How can it possibly be that the 
developers did not fix this months ago?  How can it be that today, in 
the sixth month of service for this system, this has not yet been fixed?

I guess if you file ITU, you would not run into this mistake.

And I guess if you file use-based, and if you decide to take a walk on 
the wild side and file only one specimen of use, you would not run into 
this mistake.

Am I somehow in the sixth month of Tradmark Center, the first person 
ever to try to file a use-base case with more than one specimen of use?

On 2/8/2025 4:29 PM, Tim Ackermann wrote:
> Oh no, you have to be kidding. This is remarkably stupid design.
> Moreover, isn't requiring this a violation of the Rules, which 
> expressly only require a date for one item?
>
>
>   §2.34    Bases for filing a trademark or service mark application.
>
>   * (a) An application for a trademark or service mark must include
>     one or more of the following five filing bases:
>       o (1) Use in commerce under section 1(a) of the Act. The
>         requirements for an application under section 1(a) of the Act
>         are:
>           + (i) ...
>           + (ii) The date of the applicant’s first use of the mark
>             anywhere on or in connection with the goods or services;
>           + (iii) The date of the applicant’s first use of the mark in
>             commerce;
>           + (iv) ...; and
>           + (v) If the application specifies more than one item of
>             goods or services in a class, the dates of use in
>             paragraphs (a)(1)(ii) and (iii) of this section are
>             required for only one item of goods or services specified
>             in that class.
>
>
> Tim Ackermann
> The Ackermann Law Firm
>
> E: tim at ackermannlaw.com
> P:  817.305.0690
> F:  214.453.0810
> W: ackermannlaw.com <http://ackermannlaw.com>
> O: 1701 W. Northwest Hwy. Ste. 100
>      Grapevine TX 76051
>
>
>
> On Sat, Feb 8, 2025 at 5:11 PM Carl Oppedahl via E-trademarks 
> <e-trademarks at oppedahl-lists.com> wrote:
>
>     Today I was trying to prepare a trademark application in Trademark
>     Center.  The click path eventually brought me to the place to
>     upload my
>     specimens of use.  This application has only one trademark class. 
>     I was
>     uploading six specimens of use.
>
>     For each of my six specimens of use, TC requires that I laboriously
>     enter a DOFU and a DOFUIC.
>
>     The developers apparently contemplate that there might be six
>     DOFUs, one
>     for each of my specimens of use.  This strikes me as stupid. The DOFU
>     does not apply to the specimens.  It applies to the trademark.  Right?
>
>     The developers apparently contemplate that there might be six
>     DOFUICs,
>     one for each of my specimens of use.  This strikes me as stupid.  The
>     DOFUIC does not apply to the specimens.  It applies to the trademark.
>     Right?
>
>
>     -- 
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>     E-trademarks at oppedahl-lists.com
>     http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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