[E-trademarks] Preliminary Amendment to Correct Owner

[Spencer Cross]

We've had a similar situation, and in our case the EA flagged the amendment
as inappropriate and included a request for additional information to
clarify. And "president of a corporation filing as an individual" is
literally one of the examples of non-correctable errors in TMEP §
1201.02(c). So, yes, I think the EA should have raised the issue rather
than letting an application that is void ab initio potentially proceed to
registration.

On Wed, Jan 31, 2024 at 10:55 AM Montgomery, Alexander P. via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> 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*
> ------------------------------
>
> Hinckley Allen <http://www.hinckleyallen.com/>
> 28 State Street
> Boston, MA 02109-1775
> p: 617-378-4366 |  f: 617-345-9020
> amontgomery at hinckleyallen.com
>
>
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