[E-trademarks] Options for Challenging Stalled TM Application

[Pamela Chestek]

IIRC, at the USPTO "Combatting Fraud" webinar last week the answer was 
"no," they won't process applications individually, but they are aware 
of the problem and trying to address it as quickly as possible. It 
doesn't look like the video is up yet. 
https://www.uspto.gov/learning-and-resources/uspto-videos

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.com
www.chesteklegal.com

On 6/30/2025 10:24 AM, Ellen Lockwood via E-trademarks wrote:
>
> We have a similar situation so I would appreciate this information as 
> well.
>
> *Ellen Lockwood, ACP, RP* (she/her)
> Trademark Paralegal
>
> Schwegman Lundberg & Woessner <http://www.slwip.com/>
>
> *Office:* 512-628-9323 |*Mobile:* 210-771-7053
>
> 	
>
> Gold Financial Building | 2822 North Loop 1604 West, Suite 112 | San 
> Antonio, TX 78248
>
> slwip.com <http://www.slwip.com>|bio 
> <https://slwip.com/people/ellen-lockwood/>|my linkedin 
> <https://www.linkedin.com/in/ellenlockwood/>|vCard 
> <https://dynasend.com/signatures/vcard/elockwood-at-slwip.com.vcf>|elockwood at slwip.com 
> <mailto:elockwood at slwip.com>
>
> SLW Academy <https://www.slwip.com/slw-academy/>
>
> *From:*E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On 
> Behalf Of *Jackson via E-trademarks
> *Sent:* Monday, June 30, 2025 12:16 PM
> *To:* e-trademarks at oppedahl-lists.com
> *Cc:* Jackson <jmdtrademarks at gmail.com>
> *Subject:* [E-trademarks] Options for Challenging Stalled TM Application
>
> 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 
> <http://www.barnettfirm.com>
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20250630/785a0d29/attachment.html>