[E-trademarks] "Coworking" offices and domicile

[James Creedon]

Team Trademark,

My client rents a solely-controlled, closed-door office through a
Regus/WeWork type facility — similar to many coworking spaces where
companies can rent an entire area and control it as an actual corporate
office. The leadership meets there, coordinates corporate activities there
(cloud software), holds client meetings there, and receives mail there. I
confess that I have many similarly-situated clients.

I have received my first-ever final refusal alleging that these types of
office arrangements cannot demonstrate domicile. The specific reference is
TMEP 601.01(c)(i):

"These addresses, *along with virtual office and shared workspace addresses*,
can be a mailing address, but generally may not serve as domicile addresses
because they do not identify . . . the location of a juristic entity’s
headquarters where the entity’s senior executives or officers ordinarily
direct and control the entity’s activities (for a juristic entity)."

Despite protestations and proofs, the office action states:

"Domicile address cannot be accepted. Applicant must provide its current
domicile street address because the domicile address of record identifies
an address for a coworking facility, which is not an acceptable type of
domicile address for a juristic applicant. TMEP §601.01(c)(i). That is,
this address does not identify applicant’s principal place of business."

Thoughts? Experiences? My read of the TMEP is that a mere hot desk
coworking situation (which we don't have here) may be insufficient, but why
would a real, existing office offered by a WeWork or Regus not function for
domicile?

James

___________________________________________

James Creedon

*Deputy Managing Partner*

Scale LLP | www.scalefirm.com

jcreedon at scalefirm.com

972.850.6864
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20241206/304497b4/attachment.html>