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

Crane, Susan susan.crane at wyndham.com
Thu Jan 23 19:07:48 UTC 2025


I am expecting this same timeline any day.  This is completely unacceptable.

Susan L. Crane
Group Vice President, Legal
Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.
22 Sylvan Way
Parsippany, NJ 07054
O (973) 753-6455
M (973) 879-3420
Susan.Crane at wyndham.com<mailto:Susan.Crane at wyndham.com>



From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Michael D. Steger via E-trademarks
Sent: Thursday, January 23, 2025 1:51 PM
To: 'For trademark practitioners. This is not for laypersons to seek legal advice.' <e-trademarks at oppedahl-lists.com>
Cc: Michael D. Steger <msteger at steger-law.com>
Subject: Re: [E-trademarks] PostReg OA Rescinding Acceptance of Section 71 Affidavit?

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
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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August – Section 8 & 9 approvals withdrawn and Section 7 amendment rejected – 13 months after it was filed.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<mailto: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<mailto:e-trademarks at oppedahl-lists.com>
Cc: Elizabeth Cominolli <ec at markertcominolli.com<mailto: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 The OA states that the acceptance was issued in error and is now rescinded.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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