[E-trademarks] Options for Challenging Stalled TM Application

[Jackson]

Hi all,



I’m looking for any ideas anyone has for challenging a stalled USPTO
application that continues to block my client’s application.



The stalled application was filed in 2022 on behalf of a Chinese applicant
by an attorney who was excluded from USPTO practice shortly after filing
that application. The USPTO issued a public note saying that attorney was
excluded from USPTO practice and removing his information from the
application, and requiring applicant to appoint a new attorney. A couple
months later, a new attorney appeared, but shortly thereafter the new
attorney withdrew and gave the reason for withdrawing as “The client is
making unauthorized use of the intellectual property rights of a third
party.” That was in August 2023 and since then no attorney has appeared and
there has been no action or progress on the application. The status of the
application remains “New application awaiting assignment to an examining
attorney.”



My client’s application filed in 2023 has been suspended pending the
outcome of the above application.



Is there any way to force the USPTO to take action on the suspended
application? Or to challenge that application while it is awaiting
assignment to an examining attorney?

Any ideas are appreciated.



Thanks,

Jackson





*Jackson MacDonald, Attorney* | 503.688.5106 | www.barnettfirm.com
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