I dropped off a Federal Express courier package just now. Inside is this letter to Meryl Hershkowitz, the Acting Commissioner for Trademarks. You can track the package here. Barring some surprise it should be delivered at the Trademark Office tomorrow (Wednesday, February 12) by 10:30 AM.
The substantive content of the letter will be no surprise to the Acting Commissioner, because I emailed a PDF of it to her yesterday as you can see here. In other words she and her colleagues have already had twenty hours to consider the substantive content of the letter. But what will be different when the courier package arrives tomorrow is that the Acting Commissioner and her colleagues will have an opportunity perhaps for the first time to see how many signers we ended up with (one hundred and ninety-nine) and how many trademark applications they collectively filed and/or prosecuted to issuance in the past decade (one hundred ninety thousand) and how much money they have collectively paid to the USPTO in the past decade (one hundred million dollars).
She will also see the names of the signers. My guess is that she and her colleagues will recognize many names of trademark practitioners whom they respect and have known for many years, indeed decades. My guess is that she and her colleagues will recognize names of law firms from which some of the signers are drawn.
There are not words sufficient to express how honored I feel to be part of this online community of trademark practitioners who gave of their time and their energy and their professional reputations to tell the Trademark Office things that perhaps the Trademark Office did not want to hear.
The document triggering this letter is an Examination Guide that the Trademark Office made public on the evening of last Thursday, February 6. The document revealed for the first time some measures said to be planned to take effect a mere nine days later, on Saturday, February 15. The honor that I feel being part of this online community of trademark practitioners is only made stronger by the realization that the signers managed to accomplish this drafting and revising and finalizing and signing in a mere three days. This leaves a few days remaining between now and February 15 during which, it is hoped, the Assistant Commissioner and her colleagues may revisit and perhaps even revise or postpone the plans set forth in the February 6 document.
I teared up and got verklempt, Carl. We are a mighty group of committed trademark practitioners. I am so proud to be a part of this group of advocates for rational trademark prosecution policies.
Thank you again for your leadership.
great job
Very, very impressive, and hopefully effective. Though it may have been better received if you had sent it via USPS’s Priority Mail Express instead of via Federal Express. 🙂
Thanks, Carl, for all you do for the trademark practice!
Congratulations, Carl! Way to go!!
Nice job in explaining the issues; I hope the PTO respects the effort and content, and then acts appropriately without delay.
Well done!