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

Wed Feb 12 16:40:23 UTC 2025

Yep, my experience is that they won’t commit to anything in writing and you get the “advisory opinion” language.  That said, if I can get an examiner on the phone they are usually a bit more helpful.

Kevin Grierson

|

Partner

[cid:image001.png at 01DB7D42.E5474B90]<https://www.cm.law/>

[Mobile:]

  757-726-7799<tel:757-726-7799>

[Fax:]

  866-521-5663<fax:866-521-5663>

[Email:]

  kgrierson at cm.law<mailto:kgrierson at cm.law>

Please note: Culhane Meadows is now CM Law<https://www.cm.law/cm-law-formerly-culhane-meadows-launches-second-decade-with-fresh-name-and-modern-brand/>

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Crane, Susan via E-trademarks
Sent: Wednesday, February 12, 2025 11:29 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Crane, Susan <susan.crane at wyndham.com>
Subject: Re: [E-trademarks] Have I lost my mind or has the Examiner lost theirs?

EXTERNAL EMAIL
Examiners used to be willing to work with you to craft acceptable IDs, but this has been their recent position in my experience.

Sue

Susan L. Crane
Group Vice President, Legal
Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.
22 Sylvan Way
Parsippany, NJ 07054
O (973) 753-6455
M (973) 879-3420
Susan.Crane at wyndham.com<mailto:Susan.Crane at wyndham.com>

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto: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<mailto:e-trademarks at oppedahl-lists.com>
Cc: Lara Pearson <lara at brandgeek.net<mailto:lara at brandgeek.net>>
Subject: [E-trademarks] Have I lost my mind or has the Examiner lost theirs?

 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. 
ZjQcmQRYFpfptBannerStart
This Message Is From an External Sender
Do not click links or open attachments unless you recognize the sender and know the content is safe.
    Report Suspicious  <https://us-phishalarm-ewt.proofpoint.com/EWT/v1/Nf401RNTQFE14GfWW3o!nMaFSl-BL0-VgSbZGl0nHMsSFk4wEyI0BGxtGU7gTbUlOi3YK-pspi9qywcL7aGcafrEZwW1r7q1dVXCX_v-J7lUR9GOyftVc2JTse0M$>   ‌
ZjQcmQRYFpfptBannerEnd
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

This email message (including all attachments) is for the sole use of the intended recipient(s) and may contain confidential information. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Unless otherwise indicated in the body of this email, nothing in this communication is intended to operate as an electronic signature and this transmission cannot be used to form, document, or authenticate a contract. Wyndham Hotels and Resorts and/or its affiliates may monitor all incoming and outgoing email communications in the United States, including the content of emails and attachments, for security, legal compliance, training, quality assurance and other purposes.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20250212/cdaa4ec7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 5049 bytes
Desc: image001.png
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20250212/cdaa4ec7/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 285 bytes
Desc: image002.png
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20250212/cdaa4ec7/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 452 bytes
Desc: image003.png
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20250212/cdaa4ec7/attachment-0002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 394 bytes
Desc: image004.png
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20250212/cdaa4ec7/attachment-0003.png>