[E-trademarks] Cancellation of registration without knowledge

Tue Apr 15 19:31:47 UTC 2025

For foreign clients, one can register as the domestic agent. As others on
this listserve will note, there can be complications resulting from that.
That is the route I use.

For domestic clients, while My USPTO has an alert system, I am not sure if
that would work after registration which removes one as attorney of
record.  Others may know.

Regards,

Tony Sarabia

On Tue, Apr 15, 2025 at 10:21 AM Ellen Lockwood via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> Something similar recently happened with one of our clients.  So how do
> attorneys keep their names as counsel/correspondence of record on
> registrations between the registration date and maintenance/renewal filings?
>
>
>
> Ellen
>
>
>
> *Ellen Lockwood, ACP, RP* (she/her)
> Trademark Paralegal
>
> [image: Schwegman Lundberg & Woessner] <http://www.slwip.com/>
>
> *Office:* 512-628-9323 | *Mobile:* 210-771-7053
>
> Gold Financial Building | 2822 North Loop 1604 West, Suite 112 | San
> Antonio, TX 78248
>
> slwip.com <http://www.slwip.com> | bio
> <https://slwip.com/people/ellen-lockwood/> | my linkedin
> <https://www.linkedin.com/in/ellenlockwood/> | vCard
> <https://dynasend.com/signatures/vcard/elockwood-at-slwip.com.vcf> |
> elockwood at slwip.com
>
> [image: SLW Academy] <https://www.slwip.com/slw-academy/>
>
>
>
>
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *Katherine Markert via E-trademarks
> *Sent:* Tuesday, April 15, 2025 11:40 AM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Katherine Markert <km at markertcominolli.com>
> *Subject:* Re: [E-trademarks] Cancellation of registration without
> knowledge
>
>
>
> Hi Lori,
>
>
>
> When a cancellation is filed, since it is post-registration, the Board
> does not send to the AOR “on file” because technically that power of
> attorney ended at the time of registration.  So, the notice is sent
> directly to the registrant’s address.  There is language on this in the
> TBMP and/or TMEP.
>
>
>
> You may be able to move to vacate the default depending on how long it has
> been.
>
>
>
> *Katie Markert*
>
> Partner
>
>
>
> *Markert & Cominolli PLLC*
>
> *Phone:* 585-504-2507
>
> *Email:* km at markertcominolli.com
>
> *Web:* www.markertcominolli.com
>
> 75 S. Clinton Ave., Suite 510, Rochester, NY 14604
>
>
>
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> *On Behalf
> Of *Lori Milvain via E-trademarks
> *Sent:* Tuesday, April 15, 2025 12:34 PM
> *To:* for trademark practitioners <e-trademarks at oppedahl-lists.com>
> *Cc:* Lori Milvain <LMilvain at lathamluna.com>
> *Subject:* [E-trademarks] Cancellation of registration without knowledge
>
>
>
> Anyone ever have a fairly recent registration cancelled by the USPTO
> without your knowledge?  My client discovered it.  A petition for
> cancellation was filed and my client defaulted and the USPTO cancelled the
> registration pretty quickly.  I checked to see why I did not receive any
> notice, and discovered the USPTO record says “Attorney of Record – NONE”
> which is very strange.  I have always been the attorney of record from
> application through registration, when the Certificate was sent to me.
>
>
>
> The client says they did not remove me.  Anyone have any advice or have
> any insight as to how I could have been deleted as the attorney of record?
>   (The third party’s application is still suspended for other “legal
> proceedings” despite my client’s registration being cancelled.)
>
> Lori
>
>
>
>
>
>
>
> Lori T. Milvain, Esq.
>
>
>
> 201 S. Orange Avenue, Suite 1400
> Orlando, Florida 32801
>
> 407-481-5800 Main
>
> 407-481-5813 Direct
>
> 407-481-5801 Fax
> lmilvain at lathamluna.com
>
> www.lathamluna.com
>
>
>
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>
>
>
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