[E-trademarks] Looking for a sanity check, and if I'm not insane a citation

[Robert Reynolds]

Got my answer. Figures, was insane.

TMEP 1207.01(d)(i) for anyone who didn't know. Doubts in 2(d) are resolved in favor of the registrant.

Thanks to everyone who sent the TMEP citation!

Bob Reynolds
Senior Counsel
Klintworth & Rozenblat IP LLP
2045 W. Grand Ave, Ste B PMB 84396
Chicago, Illinois 60612
direct 773.770-2554  fax 773.570.3328
rreynolds at kandrip.com<mailto:rreynolds at kandrip.com>
www.kandrip.com<http://www.kandrip.com/>

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Robert Reynolds via E-trademarks
Sent: Tuesday, January 7, 2025 12:49 PM
To: e-trademarks at oppedahl-lists.com
Cc: Robert Reynolds <rreynolds at kandrip.com>
Subject: [E-trademarks] Looking for a sanity check, and if I'm not insane a citation

Happy new year, esteemed listmates.

Looking for a sanity check, I think I'm hallucinating a rule. I've got a tricky 2(d) refusal I'm working on, that I think is a 51/49 split for the EA right now.

I know when the substance of the refusal is 2(e) and the decision is that 51/49 split, the rule from In re Gourmet Bakers (among others) tells the EA to resolve doubts in favor of the applicant and publish to let third party/parties weigh in. I thought this was the same for 2(d) refusals, but after trying and failing to find that for a while now I think I'm hallucinating.

Bob Reynolds
Senior Counsel
Klintworth & Rozenblat IP LLP
2045 W. Grand Ave, Ste B PMB 84396
Chicago, Illinois 60612
direct 773.770-2554  fax 773.570.3328
rreynolds at kandrip.com<mailto:rreynolds at kandrip.com>
www.kandrip.com<http://www.kandrip.com/>

________________________________
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner.
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