[E-trademarks] Preliminary Amendment to Correct Owner

[Montgomery, Alexander P.]

I'm inheriting an application where the CEO of a corporation filed an application (pro se) for the corporation's name (currently in use) and listed himself as the owner. He then filed a preliminary amendment to list the corporation as the owner of the mark and removed himself. The examining attorney reviewed the application and issued an office action on other grounds, but apparently accepted that preliminary amendment.

Of course, the application is void ab initio, so I'm going to recommend a refile. But shouldn't the examining attorney have flagged that in the office action? Or at least noted that a preliminary amendment is not the proper mechanism for updating ownership information? Am I missing something?

Alexander P. Montgomery <http://www.hinckleyallen.com/people/alexander-p-montgomery>
Partner
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Hinckley Allen <http://www.hinckleyallen.com/>
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amontgomery at hinckleyallen.com<mailto:amontgomery at hinckleyallen.com>

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