[E-trademarks] Nunc Pro Tunc and Renewals

[Orvis PC]

Can a nunc pro tunc assignment fix a failed attempt to assign?

As you all know, a section 8 declaration of use must be filed by an owner.
What if party A thought they were the owner? But, the 'assignment' was not
effective to make party A an owner. Then party A signs a section 8
declaration. The Section 8 period has expired.

Can a nunc pro tunc (post Section 8 filing) be effective to meet the
requirement that a renewal must be filed by an owner?

MPEP 1604.07(a)
https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-1600d1e670.html
The affidavit or declaration of use or excusable nonuse must be filed by
the owner of the registration.  Filing by the owner is a minimum
requirement that must be met before the expiration of the deadlines set
forth in §8(a) of the Act, *15 U.S.C. §1058(a)
<https://tmep.uspto.gov/RDMS/TFSR/current#/current/sec-510834c1-3800-4410-8234-81085d283a9a.html>*,
(i.e., during the sixth year after the date of registration or publication
under §12(c) of the Trademark Act, or within the year before the end of
every ten-year period after the date of registration), or within the
six-month grace period after expiration of these deadlines.  *37 C.F.R.
§§2.160(a)
<https://tmep.uspto.gov/RDMS/TFSR/current#/current/r-2f312231-077f-4984-8e2d-4fc05b7df38c.html>*
, *2.161(a)(1)
<https://tmep.uspto.gov/RDMS/TFSR/current#/current/r-022fab1e-e151-4eb0-b6d2-7d5aa0a8e885.html>*
.
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