Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79056066 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Response Improperly Signed

 

The examining attorney indicates that Applicant's February 16, 2010 response appeared to be improperly signed by a person with no legal authority to bind or represent Applicant, and has requested Applicant to submit a power of attorney.  For the reasons set forth below, Applicant respectfully submits that its February 16, 2010 response was properly signed, and that a power of attorney is therefore unnecessary.

 

Section 604.01 of the TMEP indicates that "as long as no other qualified practitioner from a different firm has been previously appointed..[a] qualified practitioner who.signs a document on behalf of an applicant or registrant will be accepted as the representative of the applicant or registrant."  Once the USPTO has recognized a practitioner as an applicant's representative, it will communicate and conduct business only with that practitioner or with another qualified practitioner from the same United States firm (emphasis added).

 

As indicated by the examining attorney, Applicant's first correspondence with the USPTO was on February 26, 2009, and was signed by Glenn Gundersen, an attorney at Dechert LLP.  Applicant's February 16, 2010 response was signed by Jacob Bishop, also an attorney at Dechert LLP.  As such, Applicant's February 16, 2010 response was properly signed, and there is no need for Applicant to file a power of attorney.

 

SIGNATURE(S)
Response Signature
Signature: /Jacob Bishop/     Date: 04/12/2010
Signatory's Name: Jacob Bishop
Signatory's Position: Attorney of record, Pennsylvania bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 79056066
Internet Transmission Date: Mon Apr 12 16:41:37 EDT 2010
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2010041216413773
7389-79056066-460999865189f0bc922676d7a2
e2d56725-N/A-N/A-20100412163657908490