[E-trademarks] Options for Challenging Stalled TM Application

[Carl Oppedahl]

I guess it was maybe eight months ago that Ken Boone posted a list of 
maybe 90 stalled applications to the listserv.

It would not at all surprise me if the jammed-up one that is making 
trouble for your client was on that list.

Anyway, I grabbed Ken's list and emailed it to Commissioner Gooder to 
ask if he could get the applications unjammed.

Commissioner Gooder wrote back by email the same day, saying he would 
get right on it and get back to me.

Then some time around or shortly after the fork-in-the-road emails, he 
resigned.  So I guess I will not hear back from him about this.

On 6/30/2025 11:16 AM, Jackson via E-trademarks wrote:
>
> 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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