Declaration of Incontestability of a Mark under Section 15
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1573 (Rev 05/2006)
OMB No. 0651-0055 (Exp 10/31/2021)
Declaration of Incontestability of a Mark under Section 15
The table below presents the data as entered.
Input Field
Entered
REGISTRATION NUMBER
3866372
REGISTRATION DATE
10/26/2010
SERIAL NUMBER
77751094
MARK SECTION
MARK
Miscellaneous Mark (stylized and/or with design, see http://uspto.report/TM/77751094/mark.png)
Clothing, namely, t-shirts, sweatshirts, sweat pants, sport shirts, golf shirts, polo shirts, sweaters, belts, ties, nightshirts, parkas, coats,
caps, hats, headbands, wrist bands, pants, socks, jerseys, jackets, shorts, warm-up suits, scarves, aprons, children's cloth eating bibs and foot wear
INTERNATIONAL CLASS
041
GOODS OR SERVICES
Educational services, namely providing courses of instruction at the college level and organizing educational and cultural exhibitions;
organizing and conducting collegiate sporting events in the nature of baseball, basketball, cross country, football, golf, ice hockey, swimming, diving, track and field, field hockey, soccer,
softball, synchronized skating, tennis and volleyball competitions; direction and presentation of plays; presentation of musical performance; recreational services in the nature of intramural sports
facilities, club sports facilities, pools and fitness center facilities
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1573 (Rev 05/2006)
OMB No. 0651-0055 (Exp 10/31/2021)
Declaration of Incontestability of a Mark under Section 15
MARK: (Stylized and/or with Design, Miscellaneous Mark (see, mark))
The owner, Miami University, non-profit corporation legally organized under the laws of Ohio, having an address of
215 Roudebush Hall
Oxford, Ohio 45056
United States
is filing a Declaration of Incontestability of its mark under Section 15.
For International Class 018, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and
is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Umbrellas; bags, namely, school, athletic, book and tote
bagsAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the
register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.
For International Class 020, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and
is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Wood boxes, chairs, non-metal picture frames and plastic
key chain tagsAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the
same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.
For International Class 021, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and
is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Mugs and beverage glasswareAlso, there has been no final
decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no
proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.
For International Class 025, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and
is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Clothing, namely, t-shirts, sweatshirts, sweat pants,
sport shirts, golf shirts, polo shirts, sweaters, belts, ties, nightshirts, parkas, coats, caps, hats, headbands, wrist bands, pants, socks, jerseys, jackets, shorts, warm-up suits, scarves, aprons,
children's cloth eating bibs and foot wearAlso, there has been no final decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to
register the same or to keep the same on the register; and, there is no proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.
For International Class 041, the owner, has continuously used the mark in commerce for five (5) consecutive years after the date of registration, or the date of publication under Section 12(c), and
is still using the mark in commerce on or in connection with all goods or services listed in the existing registration for this class:Educational services, namely providing courses of
instruction at the college level and organizing educational and cultural exhibitions; organizing and conducting collegiate sporting events in the nature of baseball, basketball, cross country,
football, golf, ice hockey, swimming, diving, track and field, field hockey, soccer, softball, synchronized skating, tennis and volleyball competitions; direction and presentation of plays;
presentation of musical performance; recreational services in the nature of intramural sports facilities, club sports facilities, pools and fitness center facilitiesAlso, there has been no final
decision adverse to the owner's claim of ownership of such mark for those goods or services, or to the owner's right to register the same or to keep the same on the register; and, there is no
proceeding involving said rights pending and not disposed of in either the U.S. Patent and Trademark Office or the courts.
The applicant's current attorney information: Jason H. Foster. Jason H. Foster of KREMBLAS & FOSTER, is located at
7632 SLATE RIDGE BLVD
REYNOLDSBURG, Ohio 43068-8159
United States
The docket/reference number is MIAMX 116.
The phone number is 614/575-2100.
The fax number is 614/575-2149.
The email address is officeactions@ohiopatent.com
The applicants proposed attorney information: Jason H. Foster. Other appointed attorneys are Frank H. Foster. Jason H. Foster of KREMBLAS & FOSTER, is a member of the XX bar, admitted to the
bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
7632 SLATE RIDGE BLVD
REYNOLDSBURG, Ohio 43068-8159
United States
The docket/reference number is MIAMX 116.
The phone number is 614/575-2100.
The fax number is 614/575-2149.
The email address is jfoster@ohiopatent.com
Jason H. Foster submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
The applicant's current correspondence information: JASON H. FOSTER. JASON H. FOSTER of KREMBLAS & FOSTER, is located at
7632 SLATE RIDGE BLVD
REYNOLDSBURG, Ohio 43068-8159
United States
The docket/reference number is MIAMX 116.
The phone number is 614/575-2100.
The fax number is 614/575-2149.
The email address is officeactions@ohiopatent.com; cgasaway@ohiopatent.com; laura.driscoll@miamioh.edu
The applicants proposed correspondence information: JASON H. FOSTER. JASON H. FOSTER of KREMBLAS & FOSTER, is located at
7632 SLATE RIDGE BLVD
REYNOLDSBURG, Ohio 43068-8159
United States
The docket/reference number is MIAMX 116.
The phone number is 614/575-2100.
The fax number is 614/575-2149.
The email address is jfoster@ohiopatent.com; officeactions@ohiopatent.com; karla@ohiopatent.com
A fee payment in the amount of $1000 will be submitted with the form, representing payment for 5 class(es).
Declaration
The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is still in use in commerce on
or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration.
There has been no final decision adverse to the owner's claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the
owner's right to register the same or to keep the same on the register.
There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have
evidentiary support.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like
may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed
to be true.
Signature: /Jason H. Foster/ Date: 10/29/2019
Signatory's Name: Jason H. Foster
Signatory's Position: Attorney of Record, Ohio Bar Member
Signatory's Phone: 614-575-2100