[E-trademarks] Question re Post-Registration Office Action

[Stephanie Nikitenko]

Hi All,



Recently submitted a renewal filing and then received a subsequent
post-registration Office Action with some interesting circumstances
surrounding it. Wondering if anyone here has dealt with something similar.
The OA stated that I did not have the authority to sign on behalf of the
client even though it was a Section 8 & 9 filing and the TMEP clearly
states that POA ends with acceptance of the previous post-reg filing (in
this case the prior Section 8 filed by the registrant’s previous counsel).
After submission and acceptance of the previous Section 8, prior counsel
filed a blanket CAR form to update their firm information, which happened
to include the registration at issue. Apparently that was enough to
reinstate POA in the previous counsel after acceptance of the Section 8.



Spoke with the Post-Reg Examiner and had them verify with their manager
that the OA was not issued erroneously. The OA states that we need to have
the registrant sign a new POA, a separate verified statement that we had
the authority to submit the 8 & 9 renewal on their behalf, and the
authority to sign the response to the OA.



Has anyone dealt with something similar before?



Thank you,

Stephanie



Stephanie N. Nikitenko

IpHorgan Ltd

195 Arlington Heights Rd

Suite #125

Buffalo Grove

IL 60089-1768



(847) 808 5500 Tel

(847) 808 7238 Fax



snikitenko at iphorgan.com

www.iphorgan.com



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