[E-trademarks] PostReg OA Rescinding Acceptance of Section 71 Affidavit?

[Michael D. Steger]

I had the following timeline recently:

 

July - filed Section 7

Following February filed 8&9 declarations for the amended mark (Section 7
had not been acted on)

July - Section 8 & 9 accepted

August - Section 8 & 9 approvals withdrawn and Section 7 amendment rejected
- 13 months after it was filed.

 

The delays are problematic.  

 

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of
Elizabeth Cominolli via E-trademarks
Sent: Thursday, January 23, 2025 12:24 PM
To: e-trademarks at oppedahl-lists.com
Cc: Elizabeth Cominolli <ec at markertcominolli.com>
Subject: [E-trademarks] PostReg OA Rescinding Acceptance of Section 71
Affidavit?

 

Listmates, 

 

I recently had a PostReg Office Action issue 9 months after a Notice of
Acceptance issued. The OA states that the acceptance was issued in error and
is now rescinded. Of course, since we are now well beyond the statutory
filing period, the PTO is requiring a deficiency fee. 

 

Has anyone encountered this situation? 

 



 

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