[E-trademarks] The ZWSP mistake at the Trademark Office

[Pamela Chestek]

But how does the ZWSP mistake matter? What EA search or user clearance
search will be unreliable because there is a missing invisible character at
the end? If your searches are so literal that it makes a difference
(assuming it even does, which I'm not convinced of), then there are many
other potentially similar marks you would have missed. I would rather have
the Trademark Office concentrate its efforts on problems that have legal
significance, or make either EAs or users burn unnecessary time, than this
kind of error, which doesn't appear to me to cause either problem.

Pam

On Sun, Oct 12, 2025, 10:32 AM Carl Oppedahl via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> Thank you Ken for posting.
>
> So if anybody wonders "why is it that some nameless person at the
> Trademark Office pulled this case from pub on October 10?" the answer seems
> likely to be "Ken told them about it for the second or third or fourth time
> on October 7 and they finally sort of paid attention to it".  Except
> whoever was doing the "paying attention" did not really pay attention.
> Because that person then released the case back into pub without actually
> correcting the Trademark Office mistake.
>
> This particular problem falls into a very easy-to-spell-out general
> category, namely "applications that have a standard character claim but
> where the mark contains at least one character that is not a standard
> character".
>
> It is decades ago that I did my first computer programming (in Fortran).
> Since then I have done lots more computer programming in several
> programming languages.
>
> For a couple of years now I only sort of vaguely knew of the existence of
> Unicode, but Ken's postings within the past year or so prompted me to gain
> some familiarity with Unicode.
>
> I'd guess there are at least a dozen members of this listserv (including
> myself) who, given developer-level access within the Trademark Office,
> could write a simple report generator computer program in any of half a
> dozen programming languages that would instantly generate a report listing
> every case in this general category.  What I know with absolute certainty
> is that there is no way the Trademark Office would ever accept such help,
> even if provided free of charge, for the simple reason that it would be too
> close to admitting error and too close to admitting that anyone outside the
> Trademark Office could do something better than those within the Trademark
> Office.
>
> The report generator, if only it were to be allowed to come into existence
> (probably free of charge), could then be run once a week or even once a
> month, and the nameless-pull-from-pub-person could be handed the list and
> told to keep trying until they would make it so that the cases on the list
> did not show up on the next report.
>
> This is the sort of thing that computers are supposed to be good at, given
> the opportunity.
>
> Carl
>
>
> On 10/12/2025 5:15 AM, Ken Boone wrote:
>
> As it happens, I also have been keeping an eye on 99181596 OMMISIMQIST​.
> Following is an October 7th *alert *that I provided to the USPTO, where
> 99181596 OMMISIMQIST is the 3rd trademark on the list.  (I see some
> evidence of activity to correct 3 of the 20 trademarks listed. For example,
> the 1st trademark 99264792 LA FRANCÉ LF is no longer a standard character
> mark. BTW, the search *WD:( *​* )* with that ZWSP between the asterisks
> now retrieves 3 trademarks: 99283545 ​*RAPIDREST*, 99181596 *OMMISIMQIST*​,
> and 98111449 *KYŪ​​​​​​​R*.
>
> ------------------------------
> *From:* Ken Boone <boondogles at hotmail.com> <boondogles at hotmail.com>
> *Sent:* Tuesday, October 7, 2025 9:38 AM
> *To:* TMFeedback <tmfeedback at uspto.gov> <tmfeedback at uspto.gov>
> *Subject:* Challenging Trademarks In The Publication Queue
>
> By my checks, 5 of the 16 challenging trademarks that I reported on
> September 26th have been addressed.
>
> Today's list includes the 11 challenging trademarks that were not
> addressed plus 9 new challenging trademarks (20 total trademarks), though
> one trademark has registered since initially reported.
>
> #
> SN
> Wordmark
> Drawing
> Comment
> 1
> 99264792
> LA FRANCÉ LF
> [image: Image for 99264792]
> The drawing and description of mark [The mark consists of  The mark
> consists of the mark "LAFRANCE" in a stylized font, with an accent above
> the letter "E". The stylized abbreviation “LF” is superimposed above the
> word “LAFRANCE.”.]  contradict the standard character mark claim.  Also,
> correct the repetition of "The mark consists of" in the description of mark.
> 2
> 99194118
> OК
> [image: Image for 99194118]
> The letter К is the Unicode character with decimal value 1050 (Cyrillic
> Capital Letter Ka), not the standard character K. I doubt the applicant was
> aware of the presence of the unusual Cyrillic letter К.  Substitute the
> ordinary K for the Cyrillic letter К; else, add the appropriate design code
> for Cyrillic letters.
> 3
> 99181596
> OMMISIMQIST​
> [image: Image for 99181596]
> How many characters do you see in the wordmark?  Just 11?  Actually, there
> are 12.  There is an unusual Unicode character with decimal value 8203 (
> the ZERO WIDTH SPACE, a non-printing character that can be used to indicate
> a potential line break opportunity within a word or phrase, without
> introducing a visible space or hyphen)  appended to the wordmark.  Since
> the ZERO WIDTH SPACE is not included in the standard character set, delete
> this ZERO WIDTH SPACE from the wordmark.
> 4
> 99154626
> S&DENT
> [image: Image for 99154626]
> The drawing is poorly cropped, plus the description of mark [The mark
> consists of the stylized wording "S&DENT".] indicates this is stylized
> text, not a standard character mark.
> 5
> 99145834
> DAPHOO FORCE
> [image: Image for 99145834]
> Tthe drawing and description of mark [The mark consists of the words
> "DAPHOO FORCE" in stylized letters below a lotus flower. Going across the
> lotus flower is an EKG heartbeat line which turns into a running stick
> figure.]  contradict the standard character mark claim.
> 6
> 99108096
> GOCAN
> [image: Image for 99108096]
> The contradictory and obsolete description of mark [The mark consists of
> the stylized wording "GOCAN" with a design of a circular pattern featuring
> stylized depictions of a mountain landscape, full moon, and roadway in
> front of the wording.] for this standard character mark should be deleted.
> 7
> 99097553
> SPµ
> [image: Image for 99097553]
> The wordmark (SPµ) is inconsistent with the description of mark (The mark
> consists of the stylized wording "SPπ".).
> 8
> 99027509
> MS MARSHEIK
> [image: Image for 99027509]
> The drawing and description of mark [The mark consists of the stylized
> letters "MS" in a handwritten, cursive font, where the letters are
> interconnected. Below the letters, there is a horizontal line, beneath
> which appears the stylized wording "MARSHEIK".]  contradict the standard
> character mark claim.
> 9
> 98931863
> PALE TRADING CO.
> [image: Image for 98931863]
> The description of mark [The mark consists of standard characters without
> claim to any particular font style, size, or color.] indicates this text &
> design application is really a standard character mark. Change the mark
> drawing code to standard character mark and delete the obsolete 26.09.21
> design code.
> 10
> 98912015
> HAVEN
>
> [image: Trademark image]
>
> Published 9/16/2025 as a typed drawing mark, except the era for typed
> drawings ended 1 November 2003, so this should have been a standard
> character mark when published, except there is a design element in the
> drawing. Also, the drawing has excess blank space above and below the mark
> that could be cropped out.
> 11
> 98875872
> W.E.L.L. NEWS  ―  WELLNESS, EATING, LIVING, & LEARNING.
> [image: Image for 98875872]
>  The ―  character is the Unicode character with the decimal value 8213, a
> Horizontal Bar character, but since it is not a standard character,
> shouldn't  the USPTO substitute a similar valid standard character?
> 12
> 98790010
> SINCE 1968 BUGANGOK A PREMIUM SUNDAEGUK PASSED DOWN THROUGH GENERATIONS
> [image: Image for 98790010]
> The drawing and description of mark [The mark consists of the stylized
> Chinese character meaning wealth in a circle all in black with slightly
> extended horizontal lines on both the left and right sides with the words
> SINCE 1968 in black underneath; the word BUGANGOK in black and the stylized
> Korean characters meaning a nation located in the east, each Korean
> character in white and being arranged in a column direction on a red square
> background next to the word BUGANGOK, both of which are placed underneath
> the words SINCE 1968; the phrase "A premium sundaeguk passed down through
> generations" in black is underneath BUGANGOK and the Korean characters.]
> contradict the standard character mark claim.
> 13
> 98015467
> CARWELL
> [image: Image for 98015467]
> The obsolete design code [07.11.07 - Highways with lines or dividers;
> intersections (roads) with lines or dividers; Roads with lines or dividers;
> Streets with lines or dividers] should be deleted for this standard
> character mark.
> 14
> 88463388
> NUTREETION
> [image: Image for 88463388]
> The obsolete description of mark  [The mark consists of "NUTREETION" in
> white font encased in Circle filled with Green color.]  should be deleted
> for this standard character mark.
> 15
> 79418788
> ΑΜΟΙ
> [image: Image for 79418788]
> The search CM:amoi does NOT retrieve this trademark.  Why?  There are
> Unicode Greek characters (that look like A-Z standard characters) in the
> wordmark.  Without the Greek characters design code, the current wordmark
> is deceptive and could impact searching for this STYLIZED TEXT mark.
> 16
> 79416509
> GX･SONIC STREAM
> [image: Image for 79416509]
> Substitute the standard character   ·  for  • ( the Unicode character with
> decimal value 65381 [Halfwidth Katakana Middle Dot?] that is NOT in the
> Standard Character Set) in the wordmark for this Standard Character Mark?
> 17
> 79408569
> RILASTIL
> [image: Image for 79408569]
> The drawing and description of mark [The mark consists of standard
> characters without claim to any particular font style, size, or color.]
> contradict the current STYLIZED TEXT mark drawing code.
> 18
> 79408087
> FREEZETECH Α
> [image: Image for 79408087]
> Scheduled for publication, considering the  in the drawing and the
> description of mark [The mark consists of the stylized wording FREEZETECH A
> with the lower case letter "A" taking the form of the Greek letter alpha.],
> isn't the design code 28.01.05 - Alpha (Greek letter)  appropriate for this
> STYLIZED TEXT application?
> 19
> 79404822
> KOOKAЇ
> [image: Image for 79404822]
> The final letter Ї is  the Unicode character with the decimal value 1031 ,
> the CYRILLIC CAPITAL LETTER YI. The search  WD:*Ї* AND MD:4 using this
> CYRILLIC CAPITAL LETTER YI retrieves only this KOOKAЇ trademark, while the
> WD:*Ï* AND MD:4 search using the standard character Ï retrieves over 3.7
> million trademarks. Revise the wordmark for this pending trademark to use
> the  standard character Ï; else, add the Cyrillic characters design code.
> 20
> 79337527
> ZIGZAG
> [image: Image for 79337527]
> The drawing and description of mark [The mark consists of the stylized
> wording "ZIGZAG."]  contradict the standard character mark claim.
>
> The search SN:( 99264792 99194118 99181596 99154626 99145834 99108096
> 99097553 99027509 98931863 98912015 98875872 98790010 98015467 88463388
> 79418788 79416509 79408569 79408087 79404822 79337527 ) retrieves these 20
> challenging trademarks.
>
>
> Hope this helps,
> Ken Boone, USPTO IT Specialist (Retired)
>
>
>
> ------------------------------
> *From:* Carl Oppedahl <carl at oppedahl.com> <carl at oppedahl.com>
> *Sent:* Sunday, October 12, 2025 4:57 AM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> <e-trademarks at oppedahl-lists.com>
> *Subject:* The ZWSP mistake at the Trademark Office
>
> On 5/24/2025 11:15 AM, Ken Boone via E-trademarks wrote:
>
> PS - Do you notice anything unusual about 99181596, the trademark
> *OMMISIMQIST​* in standard characters.  The search WD:( *​* ) with that
> *[image: Image for 99181596, select for more details]*
>
> It's another case of counting the letters in the wordmark.  It looks like
> there are only 11 characters in the wordmark, but there are actually 12.
> The final letter is the Unicode character with decimal value 8203, the *zero-width
> space (rendered: ​ ; HTML entity: &ZeroWidthSpace; or &#8203; ),
> abbreviated ZWSP, is a non-printing character used in computerized
> typesetting to indicate where the word boundaries are, without actually
> displaying a visible space in the rendered text*. The search *WD:( *​* ) *with
> that *zero-width space* character between the two * wildcard operators
> retrieves only this OMMISIMQIST​ trademark.  The similar search *CM:( *​*
> )* retrieves 6 live trademarks, including 2 registrations.  Go figure.
>
> Hello fellow listserv members.
>
> It will be recalled that on May 24, Ken found this application
> number 99181596 which is supposedly a standard-character mark, except that
> from the day it was filed it contained Unicode 8203 at the end.  This is a
> zero-width space or ZWSP character.
>
> I plugged it into my IP Badger.
>
> I figured that one or another of the many Trademark Office lurkers would
> have quietly flagged the case to correct this Trademark Office mistake.
>
> On September 25, the case reached the desk of the Examining Attorney.  The
> EA approved it for publication the next day.
>
> On October 10, this happened:
>
> 692 - WITHDRAWN BEFORE PUBLICATION
>
> 10/10/2025       ON HOLD - ELECTRONIC RECORD REVIEW REQUI…
>
> I assumed this must surely mean that somebody at the Trademark Office was
> paying attention to the failure on the part of the Trademark Office to have
> noticed until now the non-standard character contained in this supposedly
> standard-character mark.
>
> But now on October 12, whoever the nameless person was who pulled the case
> before publication has quietly let go of it.  Now it is back in the
> publication workflow.  The Trademark Office has selected October 28 as the
> day it plans to publish this application.  And (I am not making this up)
> the ZWSP is still in the mark.
>
> Carl
>
>
>
> --
> E-trademarks mailing list
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> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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