Response to Office Action

HUSKIES N

Northeastern University

Response to Office Action

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 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88212947
LAW OFFICE ASSIGNED LAW OFFICE 104
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88212947/mark.png
LITERAL ELEMENT HUSKIES N
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
ARGUMENT(S)

The Examining Attorney has refused registration of Applicant’s mark, as to International Class 41 only, under Section 2(d) of the Trademark Act, 15 U.S.C. Section 1052(d) based on U.S. Registration 4149068.  While the Applicant disagrees with the Examining Attorney's conclusions, in order to expedite the examination of this application the Applicant is deleting the services listed in International Class 41 from its application with this response.

Further, the Examining Attorney had raised the potential refusal of Applicant’s mark based on pending U.S. Serial No. 87/913351 in the event that application matured to a registration.  Applicant notes that U.S. Serial No. 87/913351 was abandoned as of July 29, 2019.  Accordingly, this should no longer serve as an obstacle to registration of Applicant’s mark.

The Applicant respectfully requests that the Examining Attorney withdraw his refusal as it is no longer applicable, and pass the application on to publication at his earliest convenience.
GOODS AND/OR SERVICES SECTION (025)(no change)
GOODS AND/OR SERVICES SECTION (041)(class deleted)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The bar admission information being provided is for Karen Feisthamel, attorney of record, who is submitting this response, and not for Michael Hall, who is currently listed as the filing correspondent. The response form does not permit this clarification. Please note that a request to remove Michael Hall as filing correspondent has been submitted concurrently with this filing.
ATTORNEY SECTION (current)
NAME Michael E. Hall
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME KACVINSKY DAISAK BLUNI PLLC
INTERNAL ADDRESS Karen Feisthamel
STREET 50 DOAKS LANE
CITY MARBLEHEAD
STATE Massachusetts
POSTAL CODE 01945
COUNTRY US
PHONE 609-270-4918
EMAIL mhall@kdbfirm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 8190.T0089
ATTORNEY SECTION (proposed)
NAME Michael E. Hall
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME KACVINSKY DAISAK BLUNI PLLC
STREET 50 DOAKS LANE
CITY MARBLEHEAD
STATE Massachusetts
POSTAL CODE 01945
COUNTRY United States
PHONE 781-205-9633
FAX 919-999-2798
EMAIL kfeisthamel@kdbfirm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 8190.T0089
OTHER APPOINTED ATTORNEY Karen Feisthamel, Scott Bluni
CORRESPONDENCE SECTION (current)
NAME MICHAEL E. HALL
FIRM NAME KACVINSKY DAISAK BLUNI PLLC
INTERNAL ADDRESS Karen Feisthamel
STREET 50 DOAKS LANE
CITY MARBLEHEAD
STATE Massachusetts
POSTAL CODE 01945
COUNTRY US
PHONE 7812059633
FAX 9199992798
EMAIL kfeisthamel@kdbfirm.com; lelhamawy@kdbfirm.com; tmdocketing@kdbfirm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 8190.T0089
CORRESPONDENCE SECTION (proposed)
NAME Michael E. Hall
FIRM NAME KACVINSKY DAISAK BLUNI PLLC
STREET 50 DOAKS LANE
CITY MARBLEHEAD
STATE Massachusetts
POSTAL CODE 01945
COUNTRY United States
PHONE 781-205-9633
FAX 919-999-2798
EMAIL kfeisthamel@kdbfirm.com; lelhamawy@kdbfirm.com; tmdocketing@kdbfirm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 8190.T0089
SIGNATURE SECTION
RESPONSE SIGNATURE /Karen Feisthamel/
SIGNATORY'S NAME Karen Feisthamel
SIGNATORY'S POSITION Attorney of record, RI bar member
SIGNATORY'S PHONE NUMBER 781-205-9633
DATE SIGNED 08/30/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Aug 30 19:37:12 EDT 2019
TEAS STAMP USPTO/ROA-XX.X.XX.XXX-201
90830193712470363-8821294
7-61010507f9a2a55ba1cf678
c3cb15dfbc261bb126a52959d
44456c1a8f6798a9-N/A-N/A-
20190830193546687706



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 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88212947 HUSKIES N (Stylized and/or with Design, see http://uspto.report/TM/88212947/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has refused registration of Applicant’s mark, as to International Class 41 only, under Section 2(d) of the Trademark Act, 15 U.S.C. Section 1052(d) based on U.S. Registration 4149068.  While the Applicant disagrees with the Examining Attorney's conclusions, in order to expedite the examination of this application the Applicant is deleting the services listed in International Class 41 from its application with this response.

Further, the Examining Attorney had raised the potential refusal of Applicant’s mark based on pending U.S. Serial No. 87/913351 in the event that application matured to a registration.  Applicant notes that U.S. Serial No. 87/913351 was abandoned as of July 29, 2019.  Accordingly, this should no longer serve as an obstacle to registration of Applicant’s mark.

The Applicant respectfully requests that the Examining Attorney withdraw his refusal as it is no longer applicable, and pass the application on to publication at his earliest convenience.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Educating at university or colleges; educational services, namely, providing instruction, lectures, and seminars at the post-secondary level; educational services, namely, providing instruction, lectures, and seminars at the undergraduate, graduate, and post-graduate levels; providing courses of instruction at the university, graduate, and post-graduate levels; education services in the nature of courses at the university level; educational services, namely, conducting distance learning instruction at the university level; arranging and conducting educational conferences; providing collegiate athletic and sporting events; organizing and conducting college sport competitions and athletic events; providing information relating to education services; career counseling, namely, providing advice concerning education options to pursue career opportunities; publication of magazines; providing recreation facilities

The applicant's current attorney information: Michael E. Hall. Michael E. Hall of KACVINSKY DAISAK BLUNI PLLC, is located at

      Karen Feisthamel
      50 DOAKS LANE
      MARBLEHEAD, Massachusetts 01945
      US
The docket/reference number is 8190.T0089.

The phone number is 609-270-4918.

The email address is mhall@kdbfirm.com

The applicants proposed attorney information: Michael E. Hall. Other appointed attorneys are Karen Feisthamel, Scott Bluni. Michael E. Hall of KACVINSKY DAISAK BLUNI PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      50 DOAKS LANE
      MARBLEHEAD, Massachusetts 01945
      United States
The docket/reference number is 8190.T0089.

The phone number is 781-205-9633.

The fax number is 919-999-2798.

The email address is kfeisthamel@kdbfirm.com

Michael E. Hall 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: MICHAEL E. HALL. MICHAEL E. HALL of KACVINSKY DAISAK BLUNI PLLC, is located at

      Karen Feisthamel
      50 DOAKS LANE
      MARBLEHEAD, Massachusetts 01945
      US
The docket/reference number is 8190.T0089.

The phone number is 7812059633.

The fax number is 9199992798.

The email address is kfeisthamel@kdbfirm.com; lelhamawy@kdbfirm.com; tmdocketing@kdbfirm.com

The applicants proposed correspondence information: Michael E. Hall. Michael E. Hall of KACVINSKY DAISAK BLUNI PLLC, is located at

      50 DOAKS LANE
      MARBLEHEAD, Massachusetts 01945
      United States
The docket/reference number is 8190.T0089.

The phone number is 781-205-9633.

The fax number is 919-999-2798.

The email address is kfeisthamel@kdbfirm.com; lelhamawy@kdbfirm.com; tmdocketing@kdbfirm.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The bar admission information being provided is for Karen Feisthamel, attorney of record, who is submitting this response, and not for Michael Hall, who is currently listed as the filing correspondent. The response form does not permit this clarification. Please note that a request to remove Michael Hall as filing correspondent has been submitted concurrently with this filing.


SIGNATURE(S)
Response Signature
Signature: /Karen Feisthamel/     Date: 08/30/2019
Signatory's Name: Karen Feisthamel
Signatory's Position: Attorney of record, RI bar member

Signatory's Phone Number: 781-205-9633

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    MICHAEL E. HALL
   KACVINSKY DAISAK BLUNI PLLC
   Karen Feisthamel
   50 DOAKS LANE
   MARBLEHEAD, Massachusetts 01945
Mailing Address:    Michael E. Hall
   KACVINSKY DAISAK BLUNI PLLC
   50 DOAKS LANE
   MARBLEHEAD, Massachusetts 01945
        
Serial Number: 88212947
Internet Transmission Date: Fri Aug 30 19:37:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.X.XX.XXX-201908301937124703
63-88212947-61010507f9a2a55ba1cf678c3cb1
5dfbc261bb126a52959d44456c1a8f6798a9-N/A
-N/A-20190830193546687706



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