[E-trademarks] Delay in Design Code Assignment

[Ken Boone]

From my Some Quality Control Checks/Suggestions Using Trademark Search posting yesterday, the search SN:( /<79000000-79399439>/ ) AND MD:unknown AND LD:true  retrieved 456 Madrid applications received at the USPTO prior to 9 July 2024 that still have the UNKNOWN mark drawing code - that Pre-Exam has yet to provide the appropriate mark drawing code (and design codes) to those trademarks, some of which are likely already under examination.  Similarly, the search FD:[* TO 20240708] AND MD:unknown AND LD:true NOT (SN:79* SN:89* ) retrieves 41 US applications filed prior to 9 July 2024 that still have not been processed by Pre-Exam.

It has been my experience that if an EA gets assigned an application that Pre-Exam has skipped, the EA may not bother to update the mark drawing code or add appropriate design codes, as that is not their job.  Instead, the EA will often just look at the raw application.  I saw an application recently where the EA did NOT notice that the GS entries from the application were missing on TM Search and TSDR status listing and approved the trademark for publication.  The application then was now stalled for further review, likely because the publication review noticed the GS text was missing and could not be printed in the OG.  I dare say that application was one of the applications that was retrieved by one of the QC searches in my posting yesterday.
   
Maybe now you now see some significance for that QC Search posting?

Ken Boone
________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Keller, Scott via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Sunday, February 23, 2025 6:50 AM
To: e-trademarks at oppedahl-lists.com <e-trademarks at oppedahl-lists.com>
Cc: Keller, Scott <SKeller at wnj.com>
Subject: [E-trademarks] Delay in Design Code Assignment


Has anyone else noticed that it is taking a long time for design codes to be assigned.  I just got a design code email on an application I filed August 1, 2025.  It seems to me this used to happen within days or at least a week of filing.  This had an effect on other applications I filed because I found with two other applications that, while the application was in TSDR, I could not prepopulate a Madrid application.  I sent emails  to Trademark assistance and after I received the design code designation email, the Madrid would prepopulate.  It is going to be an issue for Madrid applications if this is the standard practice now to wait over 6 months before issuing the design code designations and prepopulation cannot occur until then.  I know I can just fill in the whole Madrid application, but that is time consuming and can lead to errors that would not occur with pre-population.



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R. Scott Keller | Partner
Warner Norcross + Judd LLP
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