[E-trademarks] What to do when Post-Reg errs?

[Carl Oppedahl]

Thank you Susan for posting.  Yes I think there is a chance a phone call 
could get it straightened out.

Now one cannot rule out the possibility that the practitioner might find 
that a phone call did not work for one reason or another, and the 
practitioner might eventually feel there is no choice but to file a 
petition.  If so, then the petitioner could (within the petition) recite 
the steps that had been taken and that did not work.  This recitation 
might evoke some sympathy on the part of the petition examiner, and 
might help to show that the practitioner did indeed exhaust the softer 
ways to try to get it fixed.  Might even improve the chances of a 
petition fee getting refunded.

On 10/13/2025 8:59 AM, Crane, Susan via E-trademarks wrote:
>
> Have you tried calling the post reg examiner to point out the response 
> is in TSDR?  They may just withdraw the refusal.
>
> *Susan L. Crane*
>
> *Group Vice President, Legal*
>
> *Intellectual Property, Brands & Marketing*
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> Susan.Crane at wyndham.com <mailto:Susan.Crane at wyndham.com>
>
> *From:*E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On 
> Behalf Of *Michael Brown via E-trademarks
> *Sent:* Monday, October 13, 2025 10:51 AM
> *To:* e-trademarks <e-trademarks at oppedahl-lists.com>
> *Cc:* Michael Brown <michaeljbrownlaw at gmail.com>
> *Subject:* [E-trademarks] What to do when Post-Reg errs?
>
> I received a post reg OA, denying a Section 7 request (from June of 
> 2024), where the OA states that the denial was because no response was 
> filed to a prior post reg OA. However, the response that was filed in 
> February of this year is clearly
>
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> I received a post reg OA, denying a Section 7 request (from June of 
> 2024), where the OA states that the denial was because no response was 
> filed to a prior post reg OA. However, the response that was filed in 
> February of this year is clearly in TSDR.
>
> Different post reg personnel on the two OAs, so the recent one did not 
> issue the original.
>
> This is clearly USPTO error, but is my only option a petition to the 
> director, with the fee, and then request a refund of the petition fee?
>
> Best regards,
> Michael
>
> Michael Brown
> Michael J Brown Law Office
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