[E-trademarks] Trademark Center blocks me from filing for an extension of time

[Gerry J. Elman]

Does anyone know of a workaround?

Is this yet another example of inadequate beta testing?

An individual filed a trademark application pro se.   She received an Action from a trademark examining attorney that refused the application as filed.  She then engaged me to take over prosecution.  It was agreed that I would interview the Examining Attorney and then decide whether to seek an extension of time, since we are almost at the 3-month deadline from the date of the Action.

To provide a basis for the EA to speak with me about the case, I immediately  "entered my appearance" in the case by filing an "incomplete" Response to the OA.  I was able to provide my contact information to add an attorney to the case where none had previously trod.  Then I interviewed the EA and told him that I'd be seeking an extension to file a written response.

But upon seeking to submit electronically a Request for Extension of Time, up popped an error message blocking me from proceeding, saying it deemed my entry of appearance to be a Response to the Action, implying that the extension  of time would be superfluous.   A

And then when I sought to file a supplemental Response, the system also blocked me, announcing that a Final Action hadn't yet been issued.  (Is there now a rule preventing an applicant from supplementing a Response on further thought?)   So I'm in the anomalous position where the government is refusing to  take my client's payment for the needed extension of time, and I am concerned that the application might be declared abandoned when the 3-month deadline passes.  Any suggestions?

-Gerry
Gerry J. Elman, J.D.
Elman IP
Intellectual Property Matters
6117 St. James Place, Denton, TX 76210
cellphone 610-909-2468   www.elman.com<http://www.elman.com/>

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