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

[Lindsey Corbin]

Oh I'd love to talk to you about this, I have a VERY long and winding story
about this exact situation, also throwing in a fraudulent Chinese 8 & 9
that was also filed on our same registration that the PTO somehow wanted to
acknowledge because they said the original 8&9 we filed was improperly
signed.  We are still fighting it, with no solid outcome, and are strongly
considering just surrendering the registration followed by a petition to
the director.

Lindsey

On Mon, Mar 18, 2024 at 10:20 AM Janice Housey via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> I had this exact situation and could not get any level at the PTO to
> understand.  I ended up getting a signed POA as the most expedient way to
> handle it.
>
>
>
> *Janice Housey*
>
> Litmus Law PLLC
>
>
>
> *NEW MAILING ADDRESS!*
> 4 Weems Lane #240
>
> Winchester, Virginia 22601
>
> 703.957.5274 office
> 703.851.6737 cell
>
>
>
>
> ATTORNEY-CLIENT PRIVILEGED COMMUNICATION
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> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *Stephanie Nikitenko via E-trademarks
> *Sent:* Monday, March 18, 2024 1:08 PM
> *To:* e-trademarks at oppedahl-lists.com
> *Cc:* Stephanie Nikitenko <snikitenko at iphorgan.com>
> *Subject:* [E-trademarks] Question re Post-Registration Office Action
>
>
>
> 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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