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

[Rachael Dickson]

Although it's weird that they issued this three years later, this
requirement is actually pretty standard. A change of representation form
needs to be signed by someone with the legal authority to bind the
registrant, and the USPTO can't assess whether someone has that authority
without knowing their position in the company. They don't want to take
action on anything without knowing for sure it's authorized by an actual
manager/etc rather than a random employee. And if they don't know if the
change of representation is legit and binding, they don't know if you
actually have the authority to act on behalf of that registrant.

It also makes sense that they'd be picky about this right now, given some
of the weird things that scammers have been trying to pull lately.

[image: logo] <https://www.catalyticlaw.com/>

Rachael Dickson (she/her)

Trademark Attorney | *Catalytic Law*

[image: cell]  (703) 831-7340 <7038317340>

[image: email]  Rachael at CatalyticLaw.com

[image: website]  www.catalyticlaw.com
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<https://www.linkedin.com/in/rachaeldickson/>  [image: instagram]
<https://www.instagram.com/tudorsandtms/>


On Thu, Apr 17, 2025 at 4:57 PM Sam Castree via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> 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*
>
> --
> E-trademarks mailing list
> E-trademarks at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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