[E-trademarks] "Trademark Examining Law Clerk"??

[Elizabeth J. Rest]

WHAT?! This horrifies me.  I haven't seen that yet and if that's true it's not fair to us who have to deal with the nonsense Office Actions.

Elizabeth

[cid:image001.png at 01DB6D82.509C2CB0]

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Laura Geyer via E-trademarks
Sent: Thursday, January 23, 2025 10:22 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Laura Geyer <lgeyer at ndgallilaw.com>
Subject: [E-trademarks] "Trademark Examining Law Clerk"??

Dear Listmates:

I probably missed something where this change was announced, but I was recently invited to view one of the most fiddly, pointless initial office actions I've ever seen (not my client!), signed by a "Trademark Examining Law Clerk" and not an examining attorney. It was a refusal w/ very boilerplate cut-n-paste and included mistakes of law that do not apply to the covered situation and some stuff that was just weird.

So is it now normal at the PTO for non-attorneys to examine applications and issue refusals that are pretty clearly "practice of law"? Can one request that an actual lawyer take a look at it before blowing a lot of client money responding to a seriously shoddy OA?

Cheers,
Laura

Laura Talley Geyer | Of Counsel

ND Galli Law LLC
1200 G Street, N.W., Ste 800
Washington, DC 20005
Tel: (202) 599-9019 (direct)
https://ndgallilaw.com/laura-geyer/
https://ndgallilaw.com/

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