TEAS Response to Suspension Inquiry

PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1822

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 90030433 LEAF(Standard Characters, see http://uspto.report/TM/90030433/mark.png) has been amended as follows:
OPPOSITION PROCEEDING(S)
Opposition No(s). 91267629 is/are still pending. However, the applicant hereby requests removal of this application from suspension for the examining attorney to consider a submission, such as an amendment or consent agreement.



OTHER REASON
As per the Suspension Notice dated October 15, 2020, Applicant's application for registration of the LEAF mark (U.S. Application Serial No. 90/030,433) was suspended pending the disposition of U.S. Application Serial No. 88/924,610 for the mark MOLLYMAUK TEALEAF. On February 12, 2021, Applicant filed an opposition proceeding with the Trademark Trial and Appeal Board ("TTAB") against the MOLLYMAUK TEALEAF mark (U.S. Application Serial No. 88/924,610) owned by Critical Role LLC, bearing Proceeding Number 91267629 (the "Opposition"). On May 25, 2021, Critical Role LLC and Applicant entered into a Trademark Coexistence and Consent Agreement, a copy of which is being submitted to the Examining Attorney concurrently herewith (the "Agreement"). On May 26, 2021, Applicant and Critical Role LLC filed a Joint Motion to Amend the Recitation of Goods in the application for the MOLLYMAUK TEALEAF mark (U.S. Application Serial No. 88/924,610) advising the TTAB that the parties have reached a settlement of this dispute, and have entered into the Agreement and, as a result, the parties requested that the Opposition be suspended pending (i) the PTO's acceptance of the Agreement and removal by the PTO of Application Serial No. 88/924,610 for the mark MOLLYMAUK TEALEAF as a bar to the registration of Application Serial No. 90/030,433 for the mark LEAF and (ii) the Trademark Trial and Appeal Board's acceptance of the amendments to Application Serial No. 88/924,610 for the mark MOLLYMAUK TEALEAF. Accordingly, I hereby respectfully request removal of this application from suspension for the Examining Attorney to consider the foregoing and the submission of the Agreement.
Original PDF file:
OT_1083524189-113828149_. _Coexistence_and_Consent_ Agreement_EXECUTED_MAY_25 _2021__002_.PDF
Converted PDF file(s) (10 pages)
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Correspondence Information (current):
      JULIE A. SEBASTIAN
      PRIMARY EMAIL FOR CORRESPONDENCE: jsebastian@sgrlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): krowe@sgrlaw.com; jaxdocketing@sgrlaw.com
Correspondence Information (proposed):
      Julie A. Sebastian
      PRIMARY EMAIL FOR CORRESPONDENCE: jsebastian@sgrlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): krowe@sgrlaw.com; jaxdocketing@sgrlaw.com; docketing@sgrlaw.com; dcomanducci@sgrlaw.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

Response Suspension Inquiry Signature
Signature: /dc/     Date: 05/28/2021
Signatory's Name: Danielle Comanducci. Esq.
Signatory's Position: Attorney of record, New York bar member
Signature method: Signed directly within the form

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:    JULIE A. SEBASTIAN
   SMITH, GAMBRELL & RUSSELL, LLP
   PROMENADE, SUITE 3100
   1230 PEACHTREE ST. N.E.
   ATLANTA, Georgia
Mailing Address:    Julie A. Sebastian
   SMITH, GAMBRELL & RUSSELL, LLP
   PROMENADE, SUITE 3100
   1230 PEACHTREE ST. N.E.
   ATLANTA, Georgia 30309
        
Serial Number: 90030433
Internet Transmission Date: Fri May 28 12:08:14 ET 2021
TEAS Stamp: USPTO/RSI-XXX.XX.XXX.XX-2021052812081428
3870-90030433-78018a46bc12ca1ef4dd29e8cb
1c454e611f68845336a556738e2f1798d42116d8
-N/A-N/A-20210528113828149901