[E-trademarks] Joint Venture

[Pamela Chestek]

What makes it a "joint venture"? Is it registered with any secretary of 
state's office? Or is that a post hoc justification to try to salvage 
the application?

The TMEP describes permitted and impermissible changes to the owner name 
in 1201.02(c), 
https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-1200d1e151.html 
This might be relevant: "(3) Joint Venturer Files. If the application is 
filed in the name of a joint venturer when the mark is owned by the 
joint venture, and there is no inconsistency in the original application 
between the owner name and the entity type (such as a reference to a 
joint venture in the entity section of the application), the applicant’s 
name cannot be amended. /Tong Yang Cement/, 19 USPQ2d at 1689."

Unnamed owners try to oppose and/or cancel all the time, it's probably 
the main reason for ownership challenges. Too many cases to cite, but a 
leading one is about FAIRWAY FOX, 
http://thettablog.blogspot.com/2014/07/precedential-no-29-after-partnership.html.

Pam

Pamela S. Chestek
Chestek Legal
PLEASE NOTE OUR NEW MAILING ADDRESS
4641 Post St.
Unit 4316
El Dorado Hills, CA 95762
+1 919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com

On 1/6/2025 1:32 PM, Michael Eshaghian via E-trademarks wrote:
>
> Hi all,
>
> I’m aware of the principle that an application is void ab initio if 
> two entities were in existence as of the application filing date, and 
> the application was filed by the wrong one.
>
> What about a situation where two entities were in existence as of the 
> filing date, and were partners in a joint enterprise that used the 
> mark, but the application was filed only by one, listing only that 
> company as the sole owner? Is that application void ab initio?
>
> Relatedly, if you are aware of oppositions (or cancellations) where 
> the unnamed owner sought to oppose (or cancel) the application, please 
> let me know.
>
> Thank you,
>
> Michael
>
> *Michael Eshaghian*
>
> Attorney
>
> *
> **Mesh IP Law, PC*
>
> 5632 Van Nuys Blvd. #1395
>
> Van Nuys, CA 91401
>
> (213) 357-5668 call & text
>
> michael at meshiplaw.com <mailto:michael at meshiplaw.com>
>
> www.MeshIPLaw.com <http://www.meshiplaw.com/>
>
> This e-mail may contain information that is privileged or 
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> this correspondence.
>
>
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