NOTE TO THE FILE
SERIAL NUMBER: 88279322
DATE: 08/21/2020
NAME: kaurand
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantFrom: Aurand, Kyle
Sent: Friday, August 21, 2020 3:44 PM
To: phamc@gtlaw.com; vfriedrich@hammerpatent.com
Subject: U.S. Trademark Applications SNs: 88279322 (PICOHELIX) and 88279327 (NANOHELIX)
Dear Mr. Pham and Ms. Friedrich,
I am contacting you both as a courtesy in regards to the change of representation forms filed in the above referenced trademark applications.
In both applications, a Change of Representation form was filed to change the attorney of record from Chinh H. Pham to Valerie K. Friedrich. However, the forms were signed by Ms. Friedrich, which is not a proper signatory to revoke the power of attorney of Mr. Pham, and appoint herself.
TMEP §606 states the following:
· Once a qualified practitioner has been recognized as the representative of an applicant or registrant, the applicant or registrant may revoke the power of attorney by filing a written revocation.
· Signature. The revocation must be personally signed by the individual applicant or registrant or by someone with legal authority to bind a juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership)… In addition, the current attorney of record may not sign a revocation of power of attorney, revoking his or her own authority to represent the applicant or registrant…A new qualified practitioner cannot sign a revocation of the previous power of attorney.
In other words, the form which revokes Mr. Pham and appoints Ms. Friedrich must be signed by a proper corporate office of Cerahelix, Inc.
Because the form was improperly signed, the record will revert back to place Mr. Pham’s information back in.
Further, Ms. Friedrich signed the recently submitted Statements of Use in both applications. I am able to accept Ms. Friedrich’s signatures in this case because they only pertain to a declaration signature. Under TMEP §804.04, a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of the owner may proper sign a declaration.
Therefore, I will be reverting the attorney of record/correspondence information to place Mr. Pham’s information back in, and then approving the Statements of Use. If the applicant would like to replace the attorney of record, a newly submitted, and properly executed, change of representation form must be filed.
Please let me know if either of you have any questions.
Best,
/Kyle Aurand/
Trademark Examining Attorney
Law Office 126
United States Patent & Trademark Office
(571) 270-3039