[E-trademarks] [EXT] Re: New security measures in TEAS
Alex Butterman
abutterman at dbllawyers.com
Fri Jun 20 19:22:20 UTC 2025
Or could we get a faster response by attending the below session and speaking out or sending notes to the moderator during it?
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of carla calcagno via E-trademarks
Sent: Friday, June 20, 2025 3:04 PM
To: David Boundy <DavidBoundyEsq at gmail.com>
Cc: carla calcagno <cccalcagno at gmail.com>; For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Subject: [EXT] Re: [E-trademarks] New security measures in TEAS
Hi David
I think a meeting is a good idea if A/C will take it.
However, IMHO, I think one letter that first reflects the general theme that PTO is doing things that could be improved per the stated goals of admin ( cost/efficiency/etc) ; and then states these in bullet form would be helpful for new AC and would set an agenda for the meeting ( if he will take it).
Hopefully, this will be an opportunity to have someone look at these issues with a fresh eye.
Regards
Carla
On Fri, Jun 20, 2025 at 2:14 PM David Boundy <DavidBoundyEsq at gmail.com<mailto:DavidBoundyEsq at gmail.com>> wrote:
This letter should be about one topic.
But once Mr Squires is confirmed and sworn in, I could easily see a pilgrimage to meet with him to raise one general issue (failure to observe Paperwork Reduction Act and President Trump's executive orders on rulemaking) and presented these not as separate issues, but as a pattern. I have some paying work that has to get done, but staring next week I can help set up a mechanism for collecting these issues.
David
On Fri, Jun 20, 2025 at 1:28 PM carla calcagno via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
Thanks Carl
And perhaps we can also include a number of other items that are vexing. If this new AC is supposed to be trying to effect cost efficiency and lack of waste, there are a number of regs that clearly make no sense and we also can complain about systems that are not working
On Fri, Jun 20, 2025 at 10:38 AM Carl Oppedahl via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
Seems to me that something needs to be done to help the (Acting) Commissioner for Trademarks get a clue.
I wonder if some listserv member can volunteer to draft up a letter and then we can collect signatures and send it to the Acting Commissioner.
Bullet points might include:
* yes we understand your good intentions in trying to slow down the bad actors who try to hijack trademark files at the USPTO
* what you are doing now is just plain wrong
* it wrongly treats the former practitioner (who by your own policy is presumed to no longer be the attorney) as having veto power over changes to a file
* it fails to recognize that sometimes the very reason why the applicant or registrant is making a change is due to some difficult situation relating to the former practitioner
* your own policy that presumes that the practitioner is no longer in charge is often wrong, but there are instances where the practitioner is in fact no longer in charge, in which case there is just no question that the former practitioner ought not to be given veto power over changes
* if this hamfisted grant of veto power to the wrong party were the sort of thing that only every now and then makes trouble for the filing community, and if the trouble were only minor trouble, that would be one thing. But many times the present USPTO practice actively harms an applicant or registrant whose need to make a change to a file is urgent or pressing.
* You need to pull the plug on what you have just done with this hamfisted grant of veto power to the wrong party
* We invite you to get in touch with us and share with us some of the internal workings of your systems, and maybe we could help you come up with a good way to serve your well-intentioned goal given how your systems are set up.
Of course one would have to find polite ways to say this stuff.
On 6/20/2025 7:23 AM, Alan Taboada via E-trademarks wrote:
If the attorney(s) of record being replaced no longer represent the client (which might be in fact or per USPTO policy of treating representation as being ended), how do they have any authority (or in some cases even knowledge) to approve or disprove the change in power of attorney request?
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com><mailto:e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Rosie Yang via E-trademarks
Sent: Thursday, June 19, 2025 6:07 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com><mailto:e-trademarks at oppedahl-lists.com>
Cc: Rosie Yang <rosieyang1 at gmail.com><mailto:rosieyang1 at gmail.com>
Subject: Re: [E-trademarks] New security measures in TEAS
Exactly. This change fails to take into consideration the fact that requiring the approval of prior counsel affects the ability to meet deadlines if the change in counsel is happening close in time to a deadline (not that uncommon). And, just in general, if the reason for the change in representation is because the relationship with the former attorney has become strained in some way, or if the former attorney cannot grant approval for some reason, an applicant should not be blocked from moving their application forward just because the prior attorney does not grant approval for whatever reason.
Under the system we've all been using up until now, the prior attorney receives notice of the change once it goes through, which gives opportunity to fix unauthorized changes. The new requirement appears to increase rather than decrease risks to applicants.
Rosanne Yang
InfoLawGroup LLP
ryang at infolawgroup.com<mailto:ryang at infolawgroup.com>
614-547-9346
On Thu, Jun 19, 2025 at 6:01 PM Luke Adam via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
I fear this problematic change by the USPTO is the cause for a sticky situation we find ourselves in for a client. A CAR was filed and we are waiting to have TSDR and the related systems update (since Monday). But a Petition to the Director is needed soon, and cannot be filed because it contains the previous attorney information and it cannot be updated. An odd situation.
________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> on behalf of Gerry J. Elman via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Sent: Thursday, June 19, 2025 2:35 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Gerry J. Elman <gerry at elman.com<mailto:gerry at elman.com>>
Subject: Re: [E-trademarks] New security measures in TEAS
Looks like the USPTO is seeking to stem the tide of bogus changes of representation by adding a new layer of approval to document
such changes.
But wouldn't it have been better practice to announce the change to the practitioner community when the change was implemented? And to have consulted with the Office's Advisory Board to facilitate smoother transition?
-Gerry Elman
Elman IP
Denton, Texas
Sent from my T-Mobile 5G Device
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From: Dale Quisenberry via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Date: 6/19/25 3:05 PM (GMT-06:00)
To: "For trademark practitioners. This is not for laypersons to seek legal advice." <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Dale Quisenberry <dale at quisenberrylaw.com<mailto:dale at quisenberrylaw.com>>
Subject: Re: [E-trademarks] New security measures in TEAS
Agreed!
C. Dale Quisenberry
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> on behalf of carla calcagno via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Date: Thursday, 19 June 2025 at 3:02 pm
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: carla calcagno <cccalcagno at gmail.com<mailto:cccalcagno at gmail.com>>
Subject: Re: [E-trademarks] New security measures in TEAS
For any PTO staffers, this is, in my opinion, yet another recent change creating inefficiency, undue cost, inefficiency and waste. If the client has signed the power of attorney, legally that is all that should be required. The solution is more onerous to whatever problem you are trying to fix.
Please, change it back!
On Thu, Jun 19, 2025 at 3:10 PM Rosie Yang via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
We tried to file a CAR form yesterday, and TEAS was insisting that it had to go to the prior attorney for approval, with the explanation suggesting that the prior attorney might even need to sponsor/associate with us in some way for us to file it. The explanation was as follows:
You will need access to the correspondence email address or one of the courtesy email addresses you entered in your application to receive the authorization link. Contact your email provider if you need to reset your email address password.
If there is an attorney representing the trademark owner, use the sponsorship tool to connect with them. If you're an attorney, you can request association. Attorney support staff can request sponsorship.
You can save your progress by using the "Save form" link below. You can send the saved form to someone else with the correct authorization to submit.
We sent it to both the teas@ email account and the Trademark Assistance Center, but have not yet received any response on what to do.
Rosanne Yang
InfoLawGroup LLP
ryang at infolawgroup.com<mailto:ryang at infolawgroup.com>
614-547-9346
On Thu, Jun 19, 2025 at 2:53 PM Shawn M. Dellegar via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
I had the same thing yesterday for the first time. TEAS sent another link to prior appointed attorney for approval.
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto:e-trademarks-bounces at oppedahl-lists.com>> On Behalf Of Katherine Koenig via E-trademarks
Sent: Thursday, June 19, 2025 1:40 PM
To: E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Katherine Koenig <katherine at koenigipworks.com<mailto:katherine at koenigipworks.com>>
Subject: [E-trademarks] New security measures in TEAS
ALERT: Email contains attachments from external sender. Be cautious.
Has anyone else been required to seek authorization by the applicant in order to file a new POA? When there’s another appointed firm, I’ve always been able to upload a signed POA and make the change without further authorization. Yesterday, however, I was required to email the applicant for authorization even though they’d already signed a POA, which I uploaded as always.
Best regards,
Katherine
Dr. Katherine Koenig
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