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

Wed Feb 12 16:48:35 UTC 2025

I have had good luck getting Examiner’s on the phone who have been very cordial, professional, cooperative, and willing to assist in getting the ball across the goal line.

C. Dale Quisenberry
Quisenberry Law PLLC
13910 Champion Forest Drive, Suite 203
Houston, Texas 77069
(832) 680.5000 (office)
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(832) 680.5555 (facsimile)
www.quisenberrylaw.com<http://www.quisenberrylaw.com>

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Kevin Grierson via E-trademarks <e-trademarks at oppedahl-lists.com>
Date: Wednesday, 12 February 2025 at 10:43 am
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Kevin Grierson <kgrierson at cm.law>
Subject: Re: [E-trademarks] Have I lost my mind or has the Examiner lost theirs?
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

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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.
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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. 
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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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