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<p>Oops. I did the lookup wrong for Roland's second telephone
number 269-533-4158. That phone number is in Fulton, Michigan,
but it is ported to Level 3, which is a VOIP carrier. That phone
number is not a cell phone after all. So that number, too, could
ring anywhere in the world.<br>
</p>
<div class="moz-cite-prefix">On 3/2/2024 6:02 AM, Carl Oppedahl via
E-trademarks wrote:<br>
</div>
<blockquote type="cite"
cite="mid:50f500b6-3bb5-4eb1-bda7-d1017daaf8b5@oppedahl.com">
<meta http-equiv="Content-Type" content="text/html; charset=UTF-8">
<p>I have several observations about Roland's communications.</p>
<p>First, it's unsolicited commercial email -- spam. Many
jurisdictions require that anybody who sends UCE must provide a
way to "unsubscribe". Roland did not provide any way to
"unsubscribe".</p>
<p>Second, I guess Roland likes you more than me. :) Or
something. You can see, quoted below, the UCE that Roland sent
to me. In my case, Roland merely solicited me to give him
business. If I were to have a client with a 2d refusal, Roland
hopes I will pay him to do it. But you, Lara, are special! :)
In your case, Roland proposes to pay you ... wait for it ... $30
to file the 2d response on his behalf.</p>
<p>But whatever disappointment I feel, most of it is relived by
the chipper "Ta!" that appears twice in his email to me.</p>
<p>Another oddity is Roland's telephone number. Or numbers,
actually. On first mention, Roland's telephone number is <span>307-429-2146</span>.
That is in Sheridan, Wyoming. On second mention, Roland's
telephone number is 269-533-4158. That is in Fulton, Michigan.
Further digging reveals that the first number is a VOIP number,
meaning it could ring anywhere in the world. The second number,
I was a bit surprised to see, is from "New Cingular Wireless
PCS, LLC - IL". In other words, it's a cell phone. While that
cell phone could be operated outside of the US, such operation
would be very expensive. So I'd guess that Roland uses that
cell phone while located somewhere in the US.</p>
<p>Roland's signature line says his web site is <a
href="https://tmsitter.com/" class="moz-txt-link-freetext"
moz-do-not-send="true">https://tmsitter.com/</a>. But if you
click to view the web site, what you get is a parking page at
GoDaddy. <br>
</p>
<p>But wait! There's more. Roland provides <a
href="https://www.linkedin.com/in/roland-sacristan-82637a170/"
moz-do-not-send="true">his LinkedIn profile</a>. It seems
Roland is in the Philippines. The LinkedIn profile says that
Roland's web site is actually <a href="https://ip-ed.com/"
class="moz-txt-link-freetext" moz-do-not-send="true">https://ip-ed.com/</a>.
That web site offers responses to office actions for prices
ranging from $400 to $900. One business model for the responses
has you paying $400 for "phase 1" which is that Roland sends you
a draft response. Upon receipt of the draft response, Roland
expects you to pay $400 for "phase 2" in which Roland files the
response at the USPTO. The description of phase 1 also
explains:<br>
</p>
<blockquote>
<p>Moreover, $500 incentive fee is payable if and only if the
response is successful. <br>
</p>
</blockquote>
<p>That web site has an FAQ number 16 which says:</p>
<blockquote>
<p><b>Do your services comply with USPTO rules? </b>Yes,
non-lawyer assistance falls under permissible practice
activities before the USPTO under 37 CFR § 11.14(b).</p>
</blockquote>
<p>The alert reader will thus, of course, want to read 37 CFR §
11.14(b). Here is what it says:</p>
<blockquote>
<p><b>§ 11.14 Individuals who may practice before the Office in
trademark and other non-patent matters.</b><br>
</p>
<p>(b) <i>Non-lawyers. </i>Individuals who are not attorneys
are not recognized to practice before the Office in trademark
and other non-patent matters, except that individuals not
attorneys who were recognized to practice before the Office in
trademark matters under this chapter prior to January 1, 1957,
will be recognized as agents to continue practice before the
Office in trademark matters. Except as provided in the
preceding sentence, registration as a patent agent does not
itself entitle an individual to practice before the Office in
trademark matters.</p>
</blockquote>
<p>Wow. Maybe Roland is claiming to have been "recognized to
practice before the Office in trademark matters under this
chapter prior to January 1, 1957". Meaning, one imagines, that
Roland had been at least 18 years old in 1957, meaning that
Roland's age is at least 84 years. But that is not really
consistent with his LinkedIn profile, which says that he
graduated from high school in 2014.<br>
</p>
<p>I can't quite put my finger on exactly why I feel this way, but
my reaction is that it might be unwise for a trademark applicant
to pay money to Roland.<br>
</p>
<div class="moz-cite-prefix">On 3/1/2024 8:20 PM, Lara Pearson via
E-trademarks wrote:<br>
</div>
<blockquote type="cite"
cite="mid:EEB3E4BC-88AF-44F7-8792-34C1FA4B1716@brandgeek.net">
<meta http-equiv="content-type"
content="text/html; charset=UTF-8">
Anyone else get this today (or any other day?). Good for a
Friday evening laugh!
<div><br>
</div>
<div>Happy weekend, list friends!</div>
<div><br>
</div>
<div>
<div dir="ltr">
<div>Lara Pearson, Esq.</div>
<br>
Begin forwarded message:<br>
<br>
</div>
<blockquote type="cite">
<div dir="ltr"><b>From:</b> TMSITTER <a
class="moz-txt-link-rfc2396E"
href="mailto:roland@tmsitter.com" moz-do-not-send="true"><roland@tmsitter.com></a><br>
<b>Date:</b> March 1, 2024 at 5:55:28 PM PST<br>
<b>To:</b> <a
class="moz-txt-link-abbreviated moz-txt-link-freetext"
href="mailto:docketing@brandgeek.net"
moz-do-not-send="true">docketing@brandgeek.net</a><br>
<b>Subject:</b> <b>Can you file client-approved 2d
response?</b><br>
<br>
</div>
</blockquote>
<blockquote type="cite">
<div dir="ltr">Hey, I am Roland, I have a freelance business
who assists trademark applicants facing 2d refusal or
other complex issues. Occasionally, I prepare trademark
applications. However, since I am not licensed in the US,
I would need an attorney to submit these documents to the
USPTO.
<div><br>
</div>
<div>Because the 2d response or the application form is
client-approved, this is a "file only" transaction. I
will pay $30 per trademark. I can also write the
responses for your clients at a reasonable price.</div>
<div><br>
</div>
<div>Roland D.</div>
<div><span>(307) 429-2146</span></div>
</div>
</blockquote>
</div>
</blockquote>
<p>======================</p>
<p><br>
<br>
-------- Forwarded Message --------</p>
<table class="moz-email-headers-table" cellspacing="0"
cellpadding="0" border="0">
<tbody>
<tr>
<th valign="BASELINE" nowrap="nowrap" align="RIGHT">Subject:
</th>
<td>Response for 2d-refused trademark applications</td>
</tr>
<tr>
<th valign="BASELINE" nowrap="nowrap" align="RIGHT">Date: </th>
<td>Fri, 1 Mar 2024 17:23:20 -0800</td>
</tr>
<tr>
<th valign="BASELINE" nowrap="nowrap" align="RIGHT">From: </th>
<td>TMSITTER <a class="moz-txt-link-rfc2396E"
href="mailto:info@tmsitter.com" moz-do-not-send="true"><info@tmsitter.com></a></td>
</tr>
<tr>
<th valign="BASELINE" nowrap="nowrap" align="RIGHT">To: </th>
<td><a
class="moz-txt-link-abbreviated moz-txt-link-freetext"
href="mailto:docket-oppedahl@oppedahl.com"
moz-do-not-send="true">docket-oppedahl@oppedahl.com</a></td>
</tr>
</tbody>
</table>
<br>
<br>
Hey, I am Roland - I write successful responses for 2d-refused
trademarks. I can also prepare responses for other complex issues.
I have been doing this for almost seven years now. I have a high
success rate. <br>
<div><br>
</div>
<div>Will you be interested in an opportunity to outsource your 2d
refusals?</div>
<div><br>
</div>
<div>Ta!</div>
<div><br>
</div>
<div>Roland</div>
<div><span
style="color:rgb(32,33,36);font-family:"Google Sans","Helvetica Neue",sans-serif;font-size:14px;letter-spacing:0.25px">(307)
429-2146</span><br>
</div>
<br clear="all">
<div style="color:rgb(34,34,34)">Ta!</div>
<br clear="all">
<p>Roland</p>
<p><img src="cid:part1.PXGZTDEU.pPxfGCYd@oppedahl.com" alt=""
class="" width="217" height="124"></p>
<p>Roland Sacristan Dorotheo | Founder, CEO | TMSITTER<br>
<a class="moz-txt-link-abbreviated moz-txt-link-freetext"
href="mailto:info@tmsitter.com" moz-do-not-send="true">info@tmsitter.com</a>
| 269 533 4158 | <a class="moz-txt-link-abbreviated"
href="http://www.tmsitter.com" moz-do-not-send="true">www.tmsitter.com</a>
<br>
LinkedIn | Skype ID | WhatsApp | Calendar<br>
<br>
Nothing in this email constitutes or establishes a
professional-client relationship, such as attorney-client
relations. To the extent that a licensed attorney is required to
represent you before the USPTO, TMSITTER will refer the matter
to its licensed attorney.<br>
</p>
<br>
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