NOTE TO THE FILE
SERIAL NUMBER: 86328658
DATE: 12/18/2014
NAME: kbracey
NOTE:
Searched: Discussed ID with:
Google Senior Atty
Lexis/Nexis Managing Atty
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked: Discussed Geo. Sig. with:
Geographic significance Senior Atty
Surname Managing Atty
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
email Attorney/ApplicantRequested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:X OTHER: sent email to employee
Mr. Anthony,
I am not permitted to discuss the application for serial no. 86328658 with you because you are neither the applicant nor the applicant’s attorney. It does not matter if you are a paralegal or if you handle other issues for the applicant. You should probably take the time to review TMEP §600 regarding attorneys, representatives and signatures. As clearly stated in §608.01: “Although paralegals and legal assistants may relay information between the examining attorney and the appointed practitioner, they are not authorized to conduct business before the USPTO. For example, paralegals and legal assistants cannot authorize issuance of examiner’s amendments or priority actions, even if only conveying the appointed practitioner’s approval by indicating that the appointed practitioner has approved the amendment or action.”
Regarding individuals considered to have legal authority to bind juristic entities, §611.06(d) requires a corporate officer to sign on behalf of a corporation. A corporation may not delegate the authority to sign to someone who is not a corporate officer.
Therefore, in this case if the applicant is a “corporation” only a qualified and licensed attorney or a corporate officer may sign documents and conduct business before the Office. If the applicant is an individual person, only the individual or an attorney may sign documents and conduct business before the Office.
The only way this application may move forward is to receive clarification on the applicant’s entity type and have it signed by a proper person. I may only discuss the application with the applicant or an authorized party such as an attorney or corporate officer.
/Karen Bracey/
Examining Attorney
Law Office 116
571-272-9132