[E-trademarks] An Applicant's Address Curiosity: 99012680, Filed May 07, 2024

[Ken Boone]

Looking through older applications with the UNKNOWN mark drawing code, I happened to notice 99012680, a new application in the 99 series (which began in January) with the filing date of 7 May 2024.  So how did a new application in the new 99 series get a filing date from last May?

Well, apparently there was some dispute about the applicant's address in an earlier application (98537786) that was declared to be an invalid application.  From the NOTICE OF INCOMPLETE TRADEMARK APPLICATION on TSDR:


In this case, the application did not meet the minimum requirements to receive a filing date because you did not provide the address of the applicant.  37 C.F.R. §2.21(a)(1); Trademark Manual of Examining Procedure (TMEP) §202.  Specifically, the application appears to list the attorney’s address as the applicant’s address, rather than providing the actual address of the applicant.



The serial number assigned to this application has been cancelled and the fee paid for the application will be refunded to you in due course.



You may file a <https://www.uspto.gov/trademarks/apply> new<https://www.uspto.gov/trademarks/apply> application<https://www.uspto.gov/trademarks/apply> containing the required element(s).  The USPTO requires that new applications be filed using the Trademark Electronic Application System (TEAS)<https://www.uspto.gov/teas/index.html>.





Commissioner for Trademarks

USPTO



Instructions for applications returned in error:  If you believe this application was returned in error, you may file a request to restore the filing date.

First, you must file a new application containing all required elements, including the required application filing fee, using the TEAS<https://www.uspto.gov/teas/index.html>.

Next, after you file the new application and receive a new serial number, submit your request to restore the original filing date using the Request to Restore Filing Date form<https://www.uspto.gov/trademarks-application-process/filing-online/petition-forms>.  There is no fee for the request.  This request should state the reasons why you believe the filing date was denied in error and must include (1) the new serial number and (2) a copy of this Notice of Incomplete Trademark Application.  Although applicants have two months from the issue date of this notice to file the request, it should be filed immediately upon receipt of the new serial number to ensure that it will be processed in a timely manner.

In this case (if I understand correctly), the owner's address matched the attorney of record's address, though the owner's name does not match the attorney of record's name, and the new 99-series application appears to have followed the Instructions for applications returned in error.  Despite the revised filing date, this new application currently has the dreaded UNKNOWN mark drawing code (i.e., Pre-Exam has not performed their processing for the application) and the new application awaiting assignment to an examining attorney status on TSDR (though most other May 2024 applications have already been assigned to EAs for examination).


Happy Presidents' Day Holiday!
Ken Boone
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