[E-trademarks] Arguing Weak Mark is an Attack on Registration?

[Scott Landsbaum]

Howdy All,
I'm dealing with a brand new (< 1 year) examining attorney on a 2(d)
refusal.  I argued that the blocking registration is very weak because of a
substantial number of identical commercial uses of the registered mark by
unrelated manufacturers and therefore the minor difference between our
application and the blocking registration should be sufficient to avoid
confusion.  The examining attorney rejected the argument as a "collateral
attack on the registration" that would "negate the presumption of the
registrant’s exclusive right to use the mark in commerce on or in
connection with the services listed in the registration."  She never
addressed the question of whether it is a weak mark with a limited scope of
protection.

Am I crazy in thinking this is a total non-sequitur?
If not, would you reach out to the examiner or the manager?

She made this a final action so it's a real pain now.

Regards,
Scott

Scott Landsbaum, Inc.
323-314-7881 / f 323-714-2454
8306 Wilshire Blvd., Suite 420, Beverly Hills, CA  90211
www.scottlandsbaum.com / www.linkedin.com/in/scottlandsbaum/

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