[E-trademarks] 2024 USPTO filings (mostly not from this list)

Mon Jan 20 19:26:56 UTC 2025

I agree with Pam's reasoning.  An exam won't solve any of the problems and would become another administrative expense

Annette P. Heller
Trademark/Copyright Attorney
TM Law & Associates
400 Chesterfield Center Ste 400
Chesterfield [St Louis] MO 63017

www.TrademarkAtty.com

314-469-2610 Fax 314-469-4850In a message dated 1/20/2025 12:15:42 PM Central Standard Time, e-trademarks at oppedahl-lists.com writes: 
As one of only 25 certified trademark specialists in the country,* and having been on the committee that prepares the questions and grades the exams, I think I can speak with some authority! 

I don't think the problem is one of knowledge but one of identity of the filer, and the PTO claims to be addressing the latter problem (in part by diligently rooting out those virtual addresses). The difficulty of an exam is where you draw the line on knowledge. Will you draw it where those business lawyers who file 2-3 applications are year, and surely don't know the TMEP (and, god forbid, are still filing paper applications) will fail, or not bother to take it? Who does that serve? (Well us, for starters.) How huge is the administrative burden and cost of testing tens of thousands of people?

The data you cited revealed very few offices filing a lot of applications. IMHO, what the attorney representation requirement did was turn a cottage industry into a consolidated industry that works way more efficiently than those individuals ever did. The industrial machine will have a lawyer take (and pass) the exam and still file just as many fraudulent applications. Crooks gonna crook and there are plenty of lawyers who would be willing to flout the ethical rules to do it - I mean, it's not like they send you to jail for it. So you won't have solved the problem but you will have reduced the number lawyers available to the public for legitimate work. So I don't see testing as a step that will actually do much to address the problem.

Pam

*AFAIK, North Carolina is the only state to have a trademark specialty and there are currently 25 of us on the list. 👋👋 my fellow NC specialists!

Pamela S. Chestek
Chestek Legal
PLEASE NOTE OUR NEW MAILING ADDRESS
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com

On 1/20/2025 9:36 AM, Lara Pearson via E-trademarks wrote:Perhaps the list serv can pick up the mantle if there is consensus here that this might be a  viable solution. I'd be especially thrilled if we could swap this solution out for the ineffective, arduous Domicile Requirement that does nothing to achieve it's stated purpose (as Clarivate's table shows) and instead causes bona fide applicants time, money and stress. Thoughts?
Lara Pearson, Esq.Law Office of Lara Pearson Ltd, PBC & Brand Geek775.833.1600Calendly.com/BrandGeek (let's meet) Creative typoing by iPhone  

On Jan 20, 2025, at 9:32 AM, Miriam Richter, Esq. <mrichter at richtertrademarks.com> wrote:

Lara,

For years, I was very vocal about this idea (as many on this list serve can attest). As hard as I tried, and as many PTO and AIPLA officials as I talked to, I could not get any traction. If you want to pick up the mantle, you have my full support! 

Best, 

Miriam 

Miriam Richter, Attorney at Law, P.L. 

Make Your Mark! ® 

Trademark, Copyright, and other Intellectual Property Matters
2312 Wilton Drive, Suite 9
Wilton Manors, Florida 33305 

954-977-4711 office

954-240-8819 cell
954-977-4717 facsimile

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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Lara Pearson via E-trademarks
Sent: Monday, January 20, 2025 12:21 PM
To: e-trademarks at oppedahl-lists.com
Cc: Lara Pearson <lara at brandgeek.net>; e-trademarks at oppedahl-lists.com
Subject: Re: [E-trademarks] 2024 USPTO filings (mostly not from this list)

One of the suggestions I made in my post was that the US PTO administer a trademark admissions exam similar in nature to that which it uses for patent attorneys.

I would love to know ya'll thoughts on whether that could work to address the issue of fraudulent, primarily Chinese, TM apps.

I'm especially curious to hear from Carl and the other patent/TM attorneys on the list.

Happy MLK Day.

Warmly,

Lara Pearson, Esq.

Law Office of Lara Pearson Ltd, PBC & Brand Geek

775.833.1600

Calendly.com/BrandGeek (let's meet)

Creative typoing by iPhone

On Jan 19, 2025, at 6:02 PM, Pamela Chestek via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:

Fascinating reading, thanks for posting Lara.

Pam

Pamela S. Chestek
Chestek Legal
PLEASE NOTE OUR NEW MAILING ADDRESS
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal
www.chesteklegal.com

On 1/19/2025 5:25 PM, Lara Pearson via E-trademarks wrote:

Hi List friends:

Happy Sunday Funday.

I reposted Robert Reading & Clarivate's data on 2024 US TM filings on LinkedIn: https://www.linkedin.com/posts/brandgeek_trademarks-activity-7286822761556033536-bRZ3?utm_source=share&utm_medium=member_ios

Let's discuss (here, and there, and everywhere) and may we each find a joyful way to honor MLK tomorrow.

I feel grateful for each of you, and this list brings me joy (and so much wisdom).

Cheers!

Lara Pearson, Esq.

Law Office of Lara Pearson Ltd, PBC & Brand Geek

775.833.1600

Calendly.com/BrandGeek (let's meet)

Creative typoing by iPhone

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