[E-trademarks] Fwd: Can you file client-approved 2d response?
Carl Oppedahl
carl at oppedahl.com
Sat Mar 2 08:02:34 EST 2024
I have several observations about Roland's communications.
First, it's unsolicited commercial email -- spam. Many jurisdictions
require that anybody who sends UCE must provide a way to "unsubscribe".
Roland did not provide any way to "unsubscribe".
Second, I guess Roland likes you more than me. :) Or something. You
can see, quoted below, the UCE that Roland sent to me. In my case,
Roland merely solicited me to give him business. If I were to have a
client with a 2d refusal, Roland hopes I will pay him to do it. But
you, Lara, are special! :) In your case, Roland proposes to pay you
... wait for it ... $30 to file the 2d response on his behalf.
But whatever disappointment I feel, most of it is relived by the chipper
"Ta!" that appears twice in his email to me.
Another oddity is Roland's telephone number. Or numbers, actually. On
first mention, Roland's telephone number is 307-429-2146. That is in
Sheridan, Wyoming. On second mention, Roland's telephone number is
269-533-4158. That is in Fulton, Michigan. Further digging reveals that
the first number is a VOIP number, meaning it could ring anywhere in the
world. The second number, I was a bit surprised to see, is from "New
Cingular Wireless PCS, LLC - IL". In other words, it's a cell phone.
While that cell phone could be operated outside of the US, such
operation would be very expensive. So I'd guess that Roland uses that
cell phone while located somewhere in the US.
Roland's signature line says his web site is https://tmsitter.com/. But
if you click to view the web site, what you get is a parking page at
GoDaddy.
But wait! There's more. Roland provides his LinkedIn profile
<https://www.linkedin.com/in/roland-sacristan-82637a170/>. It seems
Roland is in the Philippines. The LinkedIn profile says that Roland's
web site is actually https://ip-ed.com/. That web site offers responses
to office actions for prices ranging from $400 to $900. One business
model for the responses has you paying $400 for "phase 1" which is that
Roland sends you a draft response. Upon receipt of the draft response,
Roland expects you to pay $400 for "phase 2" in which Roland files the
response at the USPTO. The description of phase 1 also explains:
Moreover, $500 incentive fee is payable if and only if the response
is successful.
That web site has an FAQ number 16 which says:
*Do your services comply with USPTO rules? *Yes, non-lawyer
assistance falls under permissible practice activities before the
USPTO under 37 CFR § 11.14(b).
The alert reader will thus, of course, want to read 37 CFR § 11.14(b).
Here is what it says:
*§ 11.14 Individuals who may practice before the Office in trademark
and other non-patent matters.*
(b) /Non-lawyers. /Individuals who are not attorneys are not
recognized to practice before the Office in trademark and other
non-patent matters, except that individuals not attorneys who were
recognized to practice before the Office in trademark matters under
this chapter prior to January 1, 1957, will be recognized as agents
to continue practice before the Office in trademark matters. Except
as provided in the preceding sentence, registration as a patent
agent does not itself entitle an individual to practice before the
Office in trademark matters.
Wow. Maybe Roland is claiming to have been "recognized to practice
before the Office in trademark matters under this chapter prior to
January 1, 1957". Meaning, one imagines, that Roland had been at least
18 years old in 1957, meaning that Roland's age is at least 84 years.
But that is not really consistent with his LinkedIn profile, which says
that he graduated from high school in 2014.
I can't quite put my finger on exactly why I feel this way, but my
reaction is that it might be unwise for a trademark applicant to pay
money to Roland.
On 3/1/2024 8:20 PM, Lara Pearson via E-trademarks wrote:
> Anyone else get this today (or any other day?). Good for a Friday
> evening laugh!
>
> Happy weekend, list friends!
>
> Lara Pearson, Esq.
>
> Begin forwarded message:
>
>> *From:* TMSITTER <roland at tmsitter.com>
>> *Date:* March 1, 2024 at 5:55:28 PM PST
>> *To:* docketing at brandgeek.net
>> *Subject:* *Can you file client-approved 2d response?*
>>
>> Hey, I am Roland, I have a freelance business who assists trademark
>> applicants facing 2d refusal or other complex issues. Occasionally, I
>> prepare trademark applications. However, since I am not licensed in
>> the US, I would need an attorney to submit these documents to the USPTO.
>>
>> Because the 2d response or the application form is client-approved,
>> this is a "file only" transaction. I will pay $30 per trademark. I
>> can also write the responses for your clients at a reasonable price.
>>
>> Roland D.
>> (307) 429-2146
======================
-------- Forwarded Message --------
Subject: Response for 2d-refused trademark applications
Date: Fri, 1 Mar 2024 17:23:20 -0800
From: TMSITTER <info at tmsitter.com>
To: docket-oppedahl at oppedahl.com
Hey, I am Roland - I write successful responses for 2d-refused
trademarks. I can also prepare responses for other complex issues. I
have been doing this for almost seven years now. I have a high success
rate.
Will you be interested in an opportunity to outsource your 2d refusals?
Ta!
Roland
(307) 429-2146
Ta!
Roland
Roland Sacristan Dorotheo | Founder, CEO | TMSITTER
info at tmsitter.com | 269 533 4158 | www.tmsitter.com
LinkedIn | Skype ID | WhatsApp | Calendar
Nothing in this email constitutes or establishes a professional-client
relationship, such as attorney-client relations. To the extent that a
licensed attorney is required to represent you before the USPTO,
TMSITTER will refer the matter to its licensed attorney.
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