[E-trademarks] [EXT] Yet Another TM Backlog - What If The EA Doesn't Examine?
Alex Butterman
abutterman at dbllawyers.com
Tue Feb 25 06:42:19 UTC 2025
We've contacted examiners recently with that last status in TSDR of "ASSIGNED TO EXAMINER" and they would tell us they didn't see the application in their system. Is it possible to have that status show but the examiner still cannot access the file or see that it is assigned to them? It's not like they retrieve paper files from a closet anymore.
Alex Butterman
Partner
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Ken Boone via E-trademarks
Sent: Monday, February 24, 2025 9:54 PM
To: E-Trademarks at oppedahl-lists.com
Cc: Ken Boone <boondogles at hotmail.com>
Subject: [EXT] [E-trademarks] Yet Another TM Backlog - What If The EA Doesn't Examine?
By my checks, the search SA:( "new application not assigned for examination" ) retrieves live trademarks having the new application assigned to an examining attorney for examination status on TSDR. (Yes, I do find it backwards that the phrase not assigned for examination is included in the SA - Status field for trademarks that have been assigned to an examining attorney for examination.) Today, that search retrieves 11,010 trademarks. But consider the following searches for that status by filing dates for calendar years 2020 through 2025.
SA:( "new application not assigned for examination" ) AND FD:[* TO 20201231]
11
SA:( "new application not assigned for examination" ) AND FD:[20210101 TO 20211231]
67
SA:( "new application not assigned for examination" ) AND FD:[20220101 TO 20221231]
77
SA:( "new application not assigned for examination" ) AND FD:[20230101 TO 20231231]
189
SA:( "new application not assigned for examination" ) AND FD:[20240101 TO 20241231]
10,523
SA:( "new application not assigned for examination" ) AND FD:[20250101 TO *]
143
You might think that since office actions require a timely response, that once an application is assigned to an examining attorney, the EA would be required to perform some action (e.g., approve the application for publication or issue an office action) in a timely manner, but the first 3 searches (years 2020, 2021 and 2022) suggest some applications just sit in the EA's docket without any change is status for considerable periods.
Well, I started reviewing the prosecution histories of the older applications. Many of these applications have been stagnant for years. Then again, attorneys in this discussion group would be contacting the USPTO frequently to get their applications moving forward, right?
Serial #
Filing Date
Prosecution History
76720931
09/20/17
Oct. 12, 2024 ASSIGNED TO EXAMINER 95353
Oct. 11, 2024 APPLICATION FILING RECEIPT MAILED
Oct. 11, 2024 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Apr. 10, 2024 ASSIGNED TO EXAMINER
Apr. 10, 2024 REQUEST FOR TRANSFORMATION PROCESSED - TOTAL
88761208
01/16/20
Feb. 25, 2021 ASSIGNED TO EXAMINER
Sep. 10, 2020 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
Sep. 10, 2020 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Sep. 10, 2020 TEAS CHANGE OF OWNER ADDRESS RECEIVED
Apr. 06, 2020 ASSIGNED TO EXAMINER
Jan. 22, 2020 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Jan. 20, 2020 NEW APPLICATION ENTERED
90040952
07/08/20
Apr. 13, 2021 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Apr. 13, 2021 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Apr. 13, 2021 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Mar. 15, 2021 ASSIGNED TO EXAMINER
Nov. 02, 2020 PRELIMINARY/VOLUNTARY AMENDMENT - ENTERED
Oct. 21, 2020 ASSIGNED TO LIE
Oct. 17, 2020 ASSIGNED TO EXAMINER
Sep. 07, 2020 TEAS VOLUNTARY AMENDMENT RECEIVED
Aug. 04, 2020 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Jul. 11, 2020 NEW APPLICATION ENTERED
90040999
07/08/20
Apr. 13, 2021 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Apr. 13, 2021 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Apr. 13, 2021 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Mar. 15, 2021 ASSIGNED TO EXAMINER
Oct. 17, 2020 ASSIGNED TO EXAMINER
Sep. 15, 2020 TEAS AMENDMENT ENTERED BEFORE ATTORNEY ASSIGNED
Sep. 15, 2020 TEAS VOLUNTARY AMENDMENT RECEIVED
Aug. 04, 2020 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Jul. 11, 2020 NEW APPLICATION ENTERED
90041019
07/08/20
Apr. 13, 2021 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Apr. 13, 2021 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Apr. 13, 2021 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Mar. 15, 2021 ASSIGNED TO EXAMINER
Oct. 17, 2020 ASSIGNED TO EXAMINER
Sep. 15, 2020 TEAS AMENDMENT ENTERED BEFORE ATTORNEY ASSIGNED
Sep. 15, 2020 TEAS VOLUNTARY AMENDMENT RECEIVED
Aug. 04, 2020 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Jul. 11, 2020 NEW APPLICATION ENTERED
90329031
11/19/20
Dec. 17, 2021 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
Dec. 17, 2021 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Dec. 17, 2021 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Dec. 17, 2021 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Dec. 17, 2021 TEAS CHANGE OF OWNER ADDRESS RECEIVED
Jul. 12, 2021 ASSIGNED TO EXAMINER
May 03, 2021 ASSIGNED TO EXAMINER
Jan. 23, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Nov. 23, 2020 NEW APPLICATION ENTERED
90338845
11/24/20
Dec. 17, 2021 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
Dec. 17, 2021 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Dec. 17, 2021 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Dec. 17, 2021 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Dec. 17, 202 TEAS CHANGE OF OWNER ADDRESS RECEIVED
Jul. 12, 2021 ASSIGNED TO EXAMINER
May 03, 2021 ASSIGNED TO EXAMINER
Jan. 29, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Nov. 27, 2020 NEW APPLICATION ENTERED
90353025
12/02/20
Dec. 17, 2021 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
Dec. 17, 2021 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Dec. 17, 2021 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Dec. 17, 2021 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Dec. 17, 2021 TEAS CHANGE OF OWNER ADDRESS RECEIVED
Jul. 12, 2021 ASSIGNED TO EXAMINER
May 03, 2021 ASSIGNED TO EXAMINER
Feb. 06, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Dec. 05, 2020 NEW APPLICATION ENTERED
90377132
12/11/20
Dec. 17, 2021 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
Dec. 17, 2021 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Dec. 17, 2021 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Dec. 17, 2021 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Dec. 17, 2021 TEAS CHANGE OF OWNER ADDRESS RECEIVED
Jul. 12, 2021 ASSIGNED TO EXAMINER
May 03, 2021 ASSIGNED TO EXAMINER
Feb. 19, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Dec. 15, 2020 NEW APPLICATION ENTERED
90400292
12/21/20
Dec. 17, 2021 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
Dec. 17, 2021 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Dec. 17, 2021 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Dec. 17, 2021 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Dec. 17, 2021 TEAS CHANGE OF OWNER ADDRESS RECEIVED
Jul. 12, 2021 ASSIGNED TO EXAMINER
May 03, 2021 ASSIGNED TO EXAMINER
Mar. 06, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Dec. 24, 2020 NEW APPLICATION ENTERED
90406734
12/23/20
Jul. 12, 2021 ASSIGNED TO EXAMINER
Jun. 21, 2021 ASSIGNED TO EXAMINER
Mar. 10, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Dec. 26, 2020 NEW APPLICATION ENTERED
90451985
01/07/21
Jul. 22, 2021 ASSIGNED TO EXAMINER
Jul. 16, 2021 ASSIGNED TO EXAMINER
Apr. 06, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Jan. 11, 2021 NEW APPLICATION ENTERED
90456351
01/08/21
Jan. 03, 2022 ASSIGNED TO EXAMINER
Aug. 31, 2021 ASSIGNED TO EXAMINER
Jul. 16, 2021 ASSIGNED TO EXAMINER
Apr. 08, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Jan. 12, 2021 NEW APPLICATION ENTERED
90536447
02/19/21
Feb. 07, 2024 ASSIGNED TO EXAMINER
Feb. 07, 2024 ASSIGNED TO EXAMINER
Feb. 07, 2024 ASSIGNED TO EXAMINER
Dec. 07, 2022 HIDDEN SENSITIVE CONTENT
Dec. 01, 2022 HIDDEN SENSITIVE CONTENT
Dec. 01, 2022 PETITION TO DIRECTOR GRANTED
Sep. 16, 2021 ASSIGNED TO EXAMINER
Sep. 14, 2021 ASSIGNED TO EXAMINER
Aug. 11, 2021 ASSIGNED TO PETITION STAFF
Jul. 27, 2021 TEAS PETITION TO DIRECTOR RECEIVED
May 22, 2021 NOTICE OF DESIGN SEARCH CODE E-MAILED
May 21, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
Feb. 23, 2021 NEW APPLICATION ENTERED
90726025
05/21/21
Jun. 01, 2022 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jun. 01, 2022 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Jun. 01, 2022 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Feb. 02, 2022 ASSIGNED TO EXAMINER
Aug. 18, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
May 25, 2021 NEW APPLICATION ENTERED
90726035
05/21/21
Jun. 01, 2022 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jun. 01, 2022 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Jun. 01, 2022 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Feb. 02, 2022 ASSIGNED TO EXAMINER
Aug. 18, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
May 25, 2021 NEW APPLICATION ENTERED
90726044
05/21/21
Jun. 01, 2022 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jun. 01, 2022 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Jun. 01, 2022 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Feb. 02, 2022 ASSIGNED TO EXAMINER
Aug. 18, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
May 25, 2021 NEW APPLICATION ENTERED
90726052
05/21/21
Jun. 01, 2022 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jun. 01, 2022 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Jun. 01, 2022 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Feb. 02, 2022 ASSIGNED TO EXAMINER
Aug. 18, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
May 25, 2021 NEW APPLICATION ENTERED
90726070
05/21/21
Jun. 01, 2022 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jun. 01, 2022 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Jun. 01, 2022 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Feb. 02, 2022 ASSIGNED TO EXAMINER
Aug. 18, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
May 25, 2021 NEW APPLICATION ENTERED
90726080
05/21/21
Jun. 01, 2022 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jun. 01, 2022 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Jun. 01, 2022 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Feb. 02, 2022 ASSIGNED TO EXAMINER
Aug. 18, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
May 25, 2021 NEW APPLICATION ENTERED
90726082
05/21/21
Jun. 01, 2022 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jun. 01, 2022 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Jun. 01, 2022 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Feb. 02, 2022 ASSIGNED TO EXAMINER
Aug. 18, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
May 25, 2021 NEW APPLICATION ENTERED
90729331
05/23/21
Jun. 01, 2022 TEAS CHANGE OF CORRESPONDENCE RECEIVED
Jun. 01, 2022 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
Jun. 01, 2022 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
Feb. 03, 2022 ASSIGNED TO EXAMINER
Aug. 20, 2021 NOTICE OF DESIGN SEARCH CODE E-MAILED
Aug. 19, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED
May 26, 2021 NEW APPLICATION ENTERED
The search SA:( "new application not assigned for examination" ) NOT UD:[20231201 TO *] retrieves 96 trademarks that have not been updated on Trademark Search since November 2023 when the search database was first created. Generally, I would expect most pending trademarks to be updated every 3 to 6 months. Apparently, EAs are allowed to ignore some applications.
Happy Trademarking,
Ken Boone
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