Legal Question in Technology Law in California

Trademark Question

I work for a software testing and training company. I have submitted 5 separate TM to the Asst. Trademark Comm'r. I have received legal letters back from their office requesting an affidavit that states specific corrections and clarification of what I've submitted for each TM. I think I've followed all rules and and clarifications they've requested, but I'm not familiar with an affidavit. Looking up the definition, it's states that it's a written statement that should be signed by an officer or magistrate. Can you tell me who exactly I need to sign this affidavit? Is an attorney necessary? Or is it an officer of the company I am representing that can sign? And would this need to be notarized?

Thank you for reviewing my question.


Asked on 6/16/02, 3:09 am

1 Answer from Attorneys
D. Alexander Floum, Esq.

Re: Trademark Question

An "affidavit" means a declaration which satisfies the requirements of 37 C.F.R. section 2.20.

An officer or director of the company may sign.

However, if the U.S. Patent and Trademark Office issues further "Office Actions", you may want to consult with a trademark attorney for assistance.

D. Alexander Floum is an experienced intellectual property attorney and a professor of trademark law.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

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Answered on 6/17/02, 3:09 pm


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