[E-trademarks] Cancellation of registration without knowledge

Tue Apr 15 20:48:41 UTC 2025

Yes the MyUSPTO alert system can be used to monitor status of any file, 
not limited to files that one is connected with.

And for those who are lucky enough to be on IP Badger, it offers easy 
status monitoring for any file.

On 4/15/2025 1:31 PM, Tony Sarabia via E-trademarks wrote:
> 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
>
>     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
>     <mailto:elockwood at slwip.com>
>
>     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 <http://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 <mailto:lmilvain at lathamluna.com>
>
>     www.lathamluna.com <http://www.lathamluna.com/>
>
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