[E-trademarks] Withdrawal From Publication
Ken Boone
boondogles at hotmail.com
Wed Sep 17 14:21:03 UTC 2025
>> No, I am not planning on repeating these searches or trying new searches for this theme to determine any trends.
I said I’d leave this theme behind,
But curiosity won and I changed my mind.
I searched anew, the trends to find,
And here’s the data that I’ve combined.
Results on Tuesdays, and today’s insight,
Below are the numbers, in plain sight.
#
Search
8/27
9/3
9/10
9/11
1
SA:( withdraw* AND publicat* )
3,238
3,343
3,384
3,320
2
SA:( withdraw* AND publicat* ) AND UD:[* TO 20250531]
1,946
1,946
1,935
0
3
SA:( withdraw* AND publicat* ) AND UD:[20250601 TO 20250630]
95
94
87
1982
4
SA:( withdraw* AND publicat* ) AND UD:[20250701 TO 20250731]
155
152
140
135
5
SA:( withdraw* AND publicat* ) AND UD:[20250801 TO 20250831]
1,042
844
654
547
6
SA:( withdraw* AND publicat* ) AND UD:[20250901 TO 20250930]
0
307
568
656
Today’s search, the second’s gone down to zero,
Like old records refreshed, a surprising hero.
Digging deeper, I found no trace,
UD:[* TO 20250531] left no record in place.
The USPTO’s database, rebuilt, I say,
Since June, tracking trademarks has gone astray.
Trademark Search lacks the TSDR date,
Which makes spotting idle ones an arduous fate.
Back to withdrawals, no trends in sight,
But TSDR statuses often align quite right.
3,238 withdrawn before their debut,
A common fate, but nothing new.
So, I won’t repeat these searches again,
Not chasing trends, nor time to spend.
Best regards,
Ken Boone
Sorry. Here's that posting in plain speak for the text below the table of search results.
For today's search results, the 2nd search suddenly dropped to 0 (zero) records, like all the older stagnant records were suddenly updated. Huh?
Digging just a little deeper, the search UD:[* TO 20250531] does not retrieve any records. That's pretty strong evidence that the USPTO has completely rebuilt the search database once again sometime in June. What's the problem? Well, since Trademark Search does not include TSDR status date, tracking idle trademark records just became considerably more difficult. For example, the lowest serial number for the 3rd search is 79281433 which has a TSDR status date of 2024-10-15, strongly suggesting that trademark has more or less been idle for almost 11 months. It's almost like the USPTO doesn't want us to recognize stagnant trademark records. (Yes, I'd like Trademark Search to include the TSDR status date as a search field, as such a status date field would help to identify stagnant trademark records. Just me?)
But back to the Withdrawal From Publication subject, I'm not seeing any significant trends. Any thoughts/recommendations on expanding the searches to improve the likelihood of exposing any data trends for this Withdrawal From Publication subject?
Happy Trademarking,
Ken Boone
________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Ken Boone via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Wednesday, August 27, 2025 9:52 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Ken Boone <boondogles at hotmail.com>
Subject: Re: [E-trademarks] Withdrawal from publication
Some observations (but I have not spent much time on this theme and do not have any search histories related to this particular status).
The search SA:( withdraw* AND publicat* ) retrieves 3,238. Checking a few, the application withdrawn by USPTO before publication for further review status on TSDR appears to be common to these 3,238 trademarks. (It probably would be nice if this SA - Status search was refined, but I'm not inclined to spend more time on this search theme. Also, IMO Trademark Search should be updated to display the SA - Status field for the results screen. Just me?)
Trademark Search appears to have been rebuilt last May. The search UD:[* TO 20250505] retrieves only 1 skeleton record (97977833, which looks like noise and probably should be deleted). The search UD:[* TO 20250515] retrieves 11,102,798 records, so I conclude that the search database was reloaded in the 10 days ending around May 15th. Why did I bring this up?
Because the search SA:( withdraw* AND publicat* ) AND UD:[* TO 20250515] retrieves 1,902 records. Checking the TSDR status dates, many have TSDR status dates well before May 15th. I conclude that many of these 1,902 trademarks have fallen into the black hole
that Kevin mentioned.
The search SA:( withdraw* AND publicat* ) AND UD:[20250516 TO 20250531] retrieves 44 trademarks. Perhaps these too have fallen into the black hole that Kevin mentioned. I didn't check.
The search SA:( withdraw* AND publicat* ) AND UD:[20250601 TO *] retrieves 1,292 trademarks updated in the last two months, presumably all with the application withdrawn by USPTO before publication for further review status on TSDR. That does not seem like an outrageously large number to applications reviewed for publication to me. Case in point, I've reported several blemished standard character marks that were published recently, so the current publication reviews could be improved.
No, I am not planning on repeating these searches or trying new searches for this theme to determine any trends.
----------------------------
Ken Boone
________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Kevin Grierson via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Wednesday, August 27, 2025 8:50 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Kevin Grierson <kgrierson at cm.law>
Subject: Re: [E-trademarks] Withdrawal from publication
I’ve seen a fair amount of these as well, and it always worries me because in the past I’ve had apps fall into black holes when they got pulled, but the last few just got pulled for a few days before getting the go-ahead (again) for publication. Not sure what the reason is.
Kevin Grierson
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Katherine Koenig via E-trademarks
Sent: Wednesday, August 27, 2025 7:24 AM
To: E-trademarks <e-trademarks at oppedahl-lists.com>
Cc: Katherine Koenig <katherine at koenigipworks.com>
Subject: [E-trademarks] Withdrawal from publication
EXTERNAL EMAIL
I’ve been receiving quite a few notices from IP Badger lately noting that trademark applications are withdrawn from publication for “OG review query.” So far, there haven’t been any subsequent notices, and most have ultimately published without issue. Has anyone else noticed this? I’m wondering why there’s been such an increase.
Best regards,
Katherine
Dr. Katherine Koenig
Registered Patent Attorney
Koenig IP Works, PLLC
2208 Mariner Dr.
Fort Lauderdale, FL 33316
(954) 903-1699
katherine at koenigipworks.com<mailto:katherine at koenigipworks.com>
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