[E-trademarks] Nunc Pro Tunc and Renewals

[Pamela Chestek]

I don't think so. I have studied nunc pro tunc and I find it confusing 
(it is the most visited page of my blog 
<https://propertyintangible.com/2016/12/more-on-what-nunc-pro-tunc-means/>, 
so I'm not the only one). But my rule of thumb is that a nunc pro tunc 
is effective between parties but not effective against third parties. 
Suppose I have a trip-and-fall on some property. The property owner 
doesn't want the liability, so transfers the property to their 
judgment-proof child, effective before your accident. But the property 
owner doesn't get to avoid the lawsuit that way.

In the same way, the legal reality is that the document was signed by a 
non-owner. An agreement between two parties about the effective date of 
the transfer doesn't change that reality at the time of signing (and the 
unintentionally false statements made in it).

But I could be wrong.

Pam

Pamela S. Chestek
Chestek Legal
300 Fayetteville Street
Unit 2492
Raleigh, NC 27602
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com

On 11/13/2023 10:09 PM, Orvis PC via E-trademarks wrote:
> 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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