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Trademark Valet

Decisions · 88938938

PrecedentialNotableNo later change on its docket

In re Chestek PLLC

Serial No. 88938938 · Decided 2022-03-30 · Other

What happened

The Board affirmed the refusal to register CHESTEK LEGAL for legal services because the applicant law firm gave only a post office box instead of the required domicile street address, holding that an ex parte appeal is not the proper place to challenge the validity of the USPTO’s domicile-address rules - that challenge belongs in a petition for rulemaking.

The marks

Applicant

CHESTEK LEGAL (standard characters; LEGAL disclaimed)

Legal services (International Class 45)

Why this decision is significant

Precedential holding that the validity of the USPTO’s domicile-address rules (Rules 2.189, 2.2(o)-(p), 2.32(a)(2)) cannot be attacked in an ex parte appeal - the proper vehicle is a petition for rulemaking under 5 U.S.C. 553(e) - making this the leading Board authority on enforcing the domicile requirement against a P.O.-box address. It resolves a procedural/application-requirement question rather than a recurring substantive registrability doctrine.

Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.

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The original record

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Who checked this

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