[E-trademarks] Petition to restore filing date

[Russell Nugent]

Dear Group,

A new client of mine filed an application through a third party freelance service.  The freelancer they connected her with filed two trademark applications under the name of an attorney not affiliated with them.  The USPTO found out the attorney of record had nothing to do with the filing and so issued a notice of incomplete trademark application and cancelled the application serial number.  The remedy was to refile the application correctly and then file a petition to restore the serial number which was simply denied.  Can anyone with any experience with this type of petition provide any guidance on how to approach the USPTO  and whether proving she was scammed is reason to restore the original serial number?

Thanks in advance,


Russell D. Nugent
Comprising IP
1213 Culbreth Dr, Ste 112
Wilmington, NC 28405
nugent at comprisingip.com (private)
910-550-3259 (private)
contact at comprisingip.com
910-509-7131
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