[E-trademarks] Fwd: Can you file client-approved 2d response?

Sat Mar 2 09:13:40 EST 2024

Oops.  I did the lookup wrong for Roland's second telephone number 
269-533-4158.  That phone number is in Fulton, Michigan, but it is 
ported to Level 3, which is a VOIP carrier.  That phone number is not a 
cell phone after all.  So that number, too, could ring anywhere in the 
world.

On 3/2/2024 6:02 AM, Carl Oppedahl via E-trademarks wrote:
>
> 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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