To: | The Ohio State University (ColsTrademarks@fbtlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88571984 - THE - 0539066 |
Sent: | May 21, 2021 10:59:40 AM |
Sent As: | ecom124@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88571984
Mark: THE
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Correspondence Address: |
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Applicant: The Ohio State University
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Reference/Docket No. 0539066
Correspondence Email Address: |
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SUSPENSION NOTICE
No Response Required
Issue date: May 21, 2021
The application is suspended for the reasons specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
The pending application below has an earlier filing date or effective filing date than applicant’s application. If the mark in the application below registers, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered mark(s). 15 U.S.C. §1052(d); see 37 C.F.R. §2.83; TMEP §1208.02(c). Action on this application is suspended until the prior-filed application below either registers or abandons. 37 C.F.R. §2.83(c). Information relevant to the application below was sent previously.
- U.S. Application Serial No. 88416806
Application suspended until legal proceeding involving the applied-for mark is resolved. The legal proceeding below involves (1) a registered mark that conflicts with applicant’s mark under Trademark Act Section 2(d), (2) a mark in a pending application that could conflict with applicant’s mark under Section 2(d) if it registers, and/or (3) the registrability of applicant’s mark. 15 U.S.C. §1052; see 37 C.F.R. §2.83; TMEP §§716.02(a), (c)-(d), 1208 et seq. Because the outcome of this proceeding could directly affect whether applicant’s mark can register, action on this application is suspended until proceeding is resolved. See 37 C.F.R. §2.67; TMEP §716.02(a), (c)-(d).
- Opposition No. 91268922
Refusal maintained and continued. The following refusal is maintained and continued:
See id. The refusal will be made final once this application is removed from suspension, unless a new issue arises. See TMEP §716.01.
Suspension
The application is suspended because the opposition proceeding is pending. Further, the changes to the identification of goods referenced in the consent agreement have not yet been made for the pending prior-filed application. The examining attorney notes that the advisory regarding the prior-filed application will be withdrawn once the changes are made, based upon the changes and the consent agreement.
Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP §716.05.
No response required. Applicant may file a response, but is not required to do so.
/Tara L. Bhupathi/
Examining Attorney
Law Office 124
(571) 272-5557
tara.bhupathi@uspto.gov