[E-trademarks] [EXTERNAL] Re: Delay in Design Code Assignment

Sun Feb 23 23:11:12 UTC 2025

My situation was simply that I could not pre-populate a Madrid application. I had filed 3 US applications. One standard character and two word and design applications. Within a few days, I could pre-populate the Madrid application for the standard character application. But I could bot pre-populate the tow word and design applications. I tried for 2 months without success. I emailed trademark assistance. They sent me to the Madrid and Teas departments. After about a week I was told that I should be able to pre-populate the other two Madrid applications and I could. I simultaneously got the email with the design code designations.  Then today, like I previously said, I got a design code notice for an application I filed August 1, which made me realize my prior situation was not a fluke.

I hope that answers your question Carl but if it doesn't, let me know. Scott

Sent from my Verizon, Samsung Galaxy smartphone

-------- Original message --------
From: Carl Oppedahl <carl at oppedahl.com>
Date: 2/23/25 12:37 PM (GMT-05:00)
To: "For trademark practitioners. This is not for laypersons to seek legal advice." <e-trademarks at oppedahl-lists.com>
Subject: [EXTERNAL] Re: [E-trademarks] Delay in Design Code Assignment

Thank you again Scott for posting.  I'd be grateful if you could elaborate on this a bit.  I am thinking of the two different click paths for a Madrid application:

  *   the more expensive click path, where the filer is choosing to make the Madrid case non-identical to the basic case, and some human being in the MPU has to carry out the certification steps manually (the goods "cover" the goods, the owners are the same, etc.), and
  *   the less expensive click path, where the Madrid case is defined as being identical to the basic case, and thus the USPTO software is able to auto-certify the Madrid application.

Does the Trademark Office's failure to assign design codes promptly affect both of these click paths, or only the latter?

On 2/23/2025 5:50 AM, Keller, Scott via E-trademarks wrote:
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.

[cid:part1.ThGs524f.Iuy1zfZs at oppedahl.com]

R. Scott Keller | Partner
Warner Norcross + Judd LLP
1500 Warner Building, 150 Ottawa Ave N.W., Grand Rapids, MI 49503
d 616.752.2479 | m 616.485.9975 | skeller at wnj.com<mailto:skeller at wnj.com> | profile<http://www.wnj.com/scott_keller> | V-Card<http://www.wnj.com/Attorney/VCard.vcf?AttorneyID=2189>

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