On Friday, January 12, 2024, the Pennsylvania Supreme Court issued an order disbarring Kevin Robert Gallagher from practicing law in the state.

The case is entitled “In the Matter of Kevin Robert Gallagher,” with case no. 116 DB 2023.

The order stemmed from reciprocal disciplinary proceedings after the United States Patent and Trademark Office (USPTO) excluded Gallagher from practicing before the agency on consent in 2023. According to the USPTO order, Gallagher represented foreign trademark applicants referred to him by a Chinese company without properly understanding US trademark laws or verifying application information.

The USPTO found Gallagher’s conduct violated several rules regarding competence, diligence, allowing others to influence his professional judgment, assisting unauthorized practice of law, dishonesty, and conduct prejudicing the integrity of the trademark system. Specifically, Gallagher filed applications without understanding signature requirements, the duty to conduct a reasonable inquiry, or the rule requiring a US-licensed attorney for foreign applicants.

He also authorized others, including a friend previously disciplined by the USPTO, to sign filings on his behalf and prepare documents without oversight. Further, Gallagher spent minimal time reviewing pre-prepared materials and failed to communicate with clients about opposed applications.

While Gallagher did not admit violating rules, he acknowledged the USPTO’s findings could not be successfully defended against if seeking reinstatement. As a result, the agency excluded him from practice on consent.

Pennsylvania then initiated reciprocal proceedings based on this exclusion. In response, the court issued the January 2024 disbarment order after reviewing Gallagher’s reasons against reciprocal discipline. He will now be removed from the roll of attorneys eligible to practice in Pennsylvania.

According to avvo.com, Mr. Gallagher is an attorney based in Flemington, New Jersey. He acquired his law license in Pennsylvania in 1987.

A copy of the original filing can be found here.