[E-trademarks] Who should sign the application?

[Gerry J. Elman]

Erica-

Interesting question.

What led the individual to build the house of cards you describe?  Was there a,desire to preserve anonymity, or was there a tax motivation, or what?

As there can be multiple signatories to a federal trademark application, what would be the drawback of including a couple of signatures, each one reciting that signer's position in one of his capacities

If the goal is to ensure the validity of the TM application, is this to be filed on the basis of Actual Use or ItU?   If ItU, it's relevant that the "intent" of the LLC be validly asserted.

-Gerry          gerry at elman.com
Gerry J. Elman, Elman IP
6117 St James Pl, Denton, TX 76210
office ph. 610-892-9942    mobile 610-909-2468



-------- Original message --------
From: "Erica Bristol, Mediator via E-trademarks" <e-trademarks at oppedahl-lists.com>
Date: 5/27/24 5:08 PM (GMT-06:00)
To: "'e-trademarks at oppedahl-lists.com'" <e-trademarks at oppedahl-lists.com>
Cc: "Erica Bristol, Mediator" <ericab at ebmediate.com>
Subject: [E-trademarks] Who should sign the application?

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
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