[E-trademarks] Renewal Rejected Because of...Huh?

Sam Castree sam at castreelaw.com
Thu Apr 17 20:54:34 UTC 2025


Dear Listmates,

You'll never guess why my §§ 8&15 filings drew an office action today.  So,
back in December of 2022, the principal of the client company signed off on
a change of representation, naming me as the attorney of record on a couple
of registrations.  He signed the power-of-attorney as "John Q. Client, on
behalf of Client Company, LLC."  I assumed that this filing was accepted
because I have indeed been the attorney of record for the past couple years
and all of my information shows up on the "Attorney of Record" area in the
PTO system for the marks in question.  We filed the renewals a few months
ago.

I just got an office action today, which reads as follows:  "The Sections 8
& 15 Combined Affidavit submitted on January 6, 2025, cannot be accepted or
acknowledged for the reasons set forth below.  The owner must specify the
title of the person who signed the verification.  See 37 C.F.R. §2.193(d).  In
this case the owner filed (December 28, 2022, [John Q. Client], on behalf
of [Client Company, LLC]) a verification that did not identify the signer’s
title.  Documents filed with the USPTO must identify the title or position
of the individual who signed the document. See 37 C.F.R. §2.193(d)."

So...my 2025 renewals are being rejected because the change of
representation form from *2022* didn't say "John Q. Client, as *Manager* of
Client Company, LLC."  Am...am I reading this right?  Does this make sense
to anyone?  If anyone has ever heard of something like this, then please
let me know.  I don't understand how the one has any bearing on the other.
I don't even exactly know what the examiner wants me to do about this.  I'm
definitely going to call her and ask, but more than anything, I'm just
confused beyond confusion.  Your wisdom and insights are ever welcome.

Cheers,

Sam Castree, III

*Sam Castree Law, LLC*
*3421 W. Elm St.*
*McHenry, IL 60050*
*(815) 344-6300*
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