[E-trademarks] Have I lost my mind or has the Examiner lost theirs?

Wed Feb 12 16:38:45 UTC 2025

“We can’t help you, you’re seeking an advisory opinion” is an increasingly common refrain from Examiners. I received one of these the other week when I wrote to the Examiner in search of a clarification of an ID. I then asked to speak with the Examiner to further clarify matters. She has, in turn, simply ignored my request. Examiners are seemingly less interested these days in speaking with us to resolve problems.

Joel G. MacMull | Partner
Chair, Intellectual Property, Brand Management and Internet Law Practice
(973) 295-3652<tel:(973)%20295-3652> | JMacmull at mblawfirm.com

Mandelbaum Barrett PC
www.mblawfirm.com

3 Becker Farm Road Roseland, NJ 07068
570 Lexington Avenue, 21st Floor New York, NY 10022

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Lara Pearson via E-trademarks
Sent: Wednesday, February 12, 2025 11:24 AM
To: e-trademarks at oppedahl-lists.com
Cc: Lara Pearson <lara at brandgeek.net>
Subject: [E-trademarks] Have I lost my mind or has the Examiner lost theirs?

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Happy hump day list friends,

I hope this finds you feeling joyful.

I am feeling confused. I received a refusal based on the ID of services. The Examiner's initial proposal for a revised ID had nothing to do with what my client was offering. I sent the Examiner an email stating that their proposed ID was inaccurate and asking them to work with me on an appropriate ID that accurately reflects my clients offering. I then received this email from an Examiner this morning…

Good morning,

While we are not allowed to give advisory opinions, the best I can suggest for what you described below is the following, if accurate:

 LLLLLLLLLL (there was an actual ID here that will work for my client).

I hope this helps, but please understand that any further proposals should be filed in an amendment for official review.

I don't believe I am asking for an advisory opinion. I am asking the USPTO Examiner to work with me to craft an acceptable ID that both meets the requirements of the ID rules and accurately reflects what my client is doing. Is that fair game or is that in permissively seeking a "advisory opinion?"

Thanks for helping set me straight.

Gratefully,

Lara Pearson, Esq.
Law Office of Lara Pearson Ltd, PBC & Brand Geek
775.833.1600
Calendly.com/BrandGeek (let's meet)

Creative typoing by iPhone

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