[E-trademarks] Refusal because examiner claims that actual street address is really virtual

[carla calcagno]

More fundamentally, her assumption that it is a "*virtual address"*  and
thus "*n**ot the location of applicant’s headquarters where its senior
executives or officers ordinarily direct and control applicant’s
activities" is unfounded.*

I think the Examiner may be equating shared office premises with virtual
locations.  Many small businesses especially startups actually rent space
in and work out of such offices. I would come back with my client's
affidavit to this effect. It should be hard for her to maintain her refusal
in light of a client statement under oath that directly contradicts her
incorrect factual assumptions.

Good luck!  ( I share your pain)

On Fri, Sep 12, 2025 at 5:07 PM Jessica R. Friedman via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> An application is being refused because the examining attorney maintains,
> on the basis of I know not what, that *Applicant’s provided address
> appears to be that of a virtual office claimed by various businesses, and
> therefore is not the location of applicant’s headquarters where its senior
> executives or officers ordinarily direct and control applicant’s
> activities. *
>
>
>
> The address, which includes street number and suite number, is that of my
> client’s law firm, from which she also runs the applicant company. This
> same address has been the basis for other trademark applications without
> any such objection.
>
>
>
> Of all the objections I’ve received in my more than 40 years of doing this
> work, this has to be the most asinine. Since when does/can an EA claim that
> an actual street address isn’t an actual street address? Does someone
> actually have to go and take a photo of the building to prove that it’s a
> real address?
>
>
>
>
>
> Jessica R. Friedman
>
> Attorney at Law
>
> 300 East 59 Street, Ste. 2406
>
> New York, NY 10022
>
> Phone: 212-220-0900
>
> Cell: 917-647-1884
>
> E-mail: *jrfriedman at litproplaw.com <jrfriedman at litproplaw.com>*
>
> URL: *www.literarypropertylaw.com <http://www.literarypropertylaw.com>*
>
>
>
> [image: 1479430908386_PastedImage]
>
>
> --
> 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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