On March 26, 2024, Jose Maria DeCastro filed trademark applications for both '1st AMENDMENT AUDITOR' and 'FIRST AMENDMENT AUDITOR' with the US Government. The filing date appears to be after he was incarcerated in the Clark County Detention Facility. While Mr. DeCastro may have mailed the application, the website states that the signature method was 'Signed directly within the form.' This has led to speculation that Mr. DeCastro, while in custody, may have submitted the application by proxy, authorizing an unnamed individual to act on his behalf.
As the terms are rather generic and the term 1st Amendment Auditor has been used by many in the YouTube community when filming in public places and goverment agencies, there is doubt that the trademark application will be approved.
As of October 15th, the Trademark office notified Jose DeCastro that he needed to file his application with a physical address and not the mail drop box that he apparently filed with. He was given 3 months from the date of the notice to submit his current physical address. If he corrects the defect, he Trademark application would then have to survive an objection period in which others can contest and/or prevent the final approval.
On January 31, 2025, the USPTO sent Jose DeCastro an Official USPTO Notice of Abandonment as they did not receive his response to the previous Office action by the response deadline. The application is now listed as DEAD with the status changed from PENDING to ABANDONED. A Petition to Revive Abandoned Application must be completing within two months from the date of this notice to contest the decision. Along with the petition and an explaination, if the error was not the fault of the USPTO, a petition fee must also be paid.
'1st Amendment Auditor' Application
'First Amendment Auditor' Application
Docket / Document List
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