[E-trademarks] Who should sign the application?
Erica Bristol, Mediator
ericab at ebmediate.com
Mon May 27 23:19:09 EDT 2024
That was my choice as well. LLC1's manager should sign, obo LLC1 as the manager.
Erica Bristol, Esq., Mediator
EB Mediate
16133 Ventura Boulevard
7th Floor
Encino, California 91436
Phone (818) 753-2326
Fax (818) 753-2310
Cell (818) 744-3407
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From: Orvis PC <orvispc at gmail.com>
Sent: Monday, May 27, 2024 6:56:28 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Erica Bristol, Mediator <ericab at ebmediate.com>
Subject: Re: [E-trademarks] Who should sign the application?
It sounds like the application can be signed by either the person who received the consent from LLC1. That said, in a circumstance where an LLC (here, LLC2) manages another LLC (here, LLC1), I have never seen anyone be able to sign on behalf of the managed LLC (here, LLC1) other than the managing LLC (here, LLC2). In that circumstance, the individual would sign as the sole member of LLC2, on behalf of and as the manager of LLC1.
On Mon, May 27, 2024 at 6:08 PM Erica Bristol, Mediator via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
Client has a manager-managed LLC (“LLC1”). LLC1 wants to file a trademark registration application. The client, an individual, is the sole member of LLC1, and LLC1 is managed by a separate LLC manager (“LLC2”). The client appointed himself President of LLC1 via a written consent. The client also is the sole member of LLC2.
Who should sign the USPTO application: the client as President of LLC1, or client on behalf of LLC2, the Manager of LLC1?
Erica Bristol, Esq., Mediator
[cid:ii_18fbce3d1284ce8e91]
16133 Ventura Boulevard
7th Floor
Encino, California 91436
Phone (818) 753-2326<tel:+18187532326>
Fax (818) 753-2310<tel:+18187532310>
Cell (818) 744-3407<tel:+18187443407>
ericab at ebmediate.com<mailto:ericab at ebmediate.com>
www.ebmediate.com<http://www.ebmediate.com>
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