Attorney/Correspondence Information

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1098446 Filing date: 11/30/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition

Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information

Name The Ohio State University Granted to Date 11/28/2020 of previous extension Address 190 NORTH OVAL MALL COLUMBUS, OH 43210 UNITED STATES

Attorney informa- SAMANTHA M. QUIMBY tion FROST BROWN TODD LLC 10 WEST BROAD STREET SUITE 2300 COLUMBUS, OH 43215 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected] 6145597282

Docket Number Applicant Information

Application No. 88904773 Publication date 09/29/2020 Opposition Filing 11/30/2020 Opposition Peri- 11/28/2020 Date od Ends Applicant Othello International Co LTD 14 FLOOR UNIT A-1 193-195 RATCHADAPHISEK RD KHLONG TOEI, BANGKOK, 10110 THAILAND Goods/Services Affected by Opposition

Class 035. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: On-line selling services in which a third- party seller posts items for sale to third-party customers for purchase, namely, online retail store services featuring a wide variety of consumer goods Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Dilution by blurring Trademark Act Sections 2 and 43(c) Marks Cited by Opposer as Basis for Opposition

U.S. Registration 5550238 Application Date 01/23/2018 No. Registration Date 08/28/2018 Foreign Priority NONE Date Word Mark O Design Mark Description of The mark consists of a block letter "O". Mark Goods/Services Class 021. First use: First Use: 2003/00/00 First Use In Commerce: 2003/00/00 bowls; drinkware; beverage glassware; travel mugs

U.S. Registration 4458983 Application Date 05/17/2013 No. Registration Date 12/31/2013 Foreign Priority NONE Date Word Mark O Design Mark Description of The mark consists of a block letter "O". Mark Goods/Services Class 041. First use: First Use: 1898/00/00 First Use In Commerce: 1898/00/00 entertainment services, namely, providing college level sport exhibition event- sand recreation programs; educational services, namely, providing courses of instruction in sports, fitness and exercise; providing a website containing news and information relating to sports and recreation events, including game sched- ulesand ticket sales

U.S. Registration 2689612 Application Date 01/12/1999 No. Registration Date 02/25/2003 Foreign Priority NONE Date Word Mark O Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1898/00/00 First Use In Commerce: 1898/00/00 clothing, namely, jackets, sweaters, hats and T-shirts

Attachments Ohio State_Notice of Opposition_Othello O.pdf(86823 bytes ) Ohio State_Notice of Opposition_Othello O_EXHIBIT_1.pdf(33364 bytes )

Signature /Matthew J. Clark/ Name Matthew J. Clark Date 11/30/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

IN THE MATTER OF: Trademark Application Serial No. 88/904,773

DATE OF PUBLICATION: September 29, 2020

The Ohio State University, ) ) Opposer, ) ) v. ) Opposition Proceeding No.______) Othello International Co LTD, ) ) Applicant. )

NOTICE OF OPPOSITION

THE OHIO STATE UNIVERSITY, an Ohio Educational Institution, having a principal

place of business at 190 North Oval Mall, Columbus, Ohio 43210 believes it will be damaged by

registration of the following trademark application filed by Othello International Co LTD

(“Applicant”) for use in connection with “On-line selling services in which a third-party seller

posts items for sale to third-party customers for purchase, namely, online retail store services

featuring a wide variety of consumer goods” in Class 35 (the “Othello Retail Services”):

(the “Applied-for Mark” or “Application”). The Ohio State University opposes the Applied-for

1 Mark under the provisions of Section 13 of the Trademark Act of July 5, 1946, codified at 15

U.S.C. § 1063. As grounds therefore, it is alleged:

1. Established in 1870, The Ohio State University (hereinafter “Ohio State” or “Opposer”), is

one of the most well-respected institutions of higher learning in the country.

2. For over 150 years, Ohio State has provided college and graduate level educational courses,

sponsored collegiate sporting events and recreation programs, and staged dramatic and

musical entertainment events.

3. Ohio State’s academic and athletic programs rank among the best in the nation. It’s

undergraduate program and graduate programs for law, medicine, business, engineering,

and education are all currently ranked among the top 40 schools in the nation in their

respective areas by U.S. News & World Report. Indeed, Ohio State has a long tradition of

academic excellence, and its reputation is nationally known.

4. More than 61,000 students were enrolled at Ohio State’s Columbus campus for the 2019

Autumn Semester. Currently, there are over 580,000 living Ohio State graduates

worldwide.

5. Ohio State is a member of the Big Ten athletic conference and the National Collegiate

Athletic Association. Its athletic teams, known as the “Buckeyes,” enjoy a long and proud

tradition of excellence in interscholastic athletic competition and an enthusiastic and loyal

following.

6. Ohio State is among only five universities with NCAA championships in baseball,

basketball, and football. Ohio State athletic teams have also won national championships

in men’s swimming and diving, men’s outdoor track and field, men’s golf, men’s

gymnastics, men’s fencing, co-ed fencing, synchronized swimming, and men’s volleyball.

2 7. On average, over 100,000 people attend each Ohio State home football game at Ohio

Stadium and approximately 16,000 people attend each Ohio State home men’s basketball

game at Schottenstein Center.1 For many years, the demand for tickets to these games has

exceeded the available supply.

8. In the last fifteen years, the Ohio State football team has won nine Big Ten Football

Championships2 as well as the National Championship in 20143. In addition, the Ohio

State basketball team has enjoyed fourteen twenty-win seasons in the last fifteen years.

These successful seasons have cemented the presence of Ohio State, including its branding,

on a national stage.

9. Ohio State’s athletic teams receive substantial coverage by local, regional and national

media, including the national broadcast of certain Buckeye football and basketball games.

In the modern era of online media sites, smartphones and mobile apps, the coverage of

Ohio State athletics reaches an even wider audience.

10. Ohio State has a storied history of brands, logos, trademarks, and indicia used in connection

with its products and services for which it has established tremendous goodwill. One such

trademark is Ohio State’s “Block O” mark in standalone and outlined formats:

(the “Block O Mark”).

1 This excludes the current 2020-21 season which has limited attendance due to COVID-19. 2 Ohio State vacated its 2010 Big Ten Football Championship. 3 Ohio State has appeared in the College Football Playoff structure 3 times since its inception in 2014. 3 11. Since at least as early as 1898, Ohio State has used the Block O Mark in connection with

Ohio State athletic and recreational programs and events by displaying it on the uniforms

of student athletes, cheerleaders, drum majors, and marching band members, as well as by

displaying the Block O Mark on event programs and other forms of promotional material.

12. The Block O Mark is the heart of the branding and image of Ohio State and is used in

connection with all products and services offered and provided by Ohio State, including its

athletic, recreational, arts and entertainment programs and services as well as its renowned

educational programs, which includes its ROTC program, an elective curriculum that is

offered in partnership with the U.S. Army.

13. The Block O Mark is consistently displayed in the middle of the football field at Ohio

Stadium where millions of viewers have seen the Ohio State Buckeyes football team play

its home games. The Block O Mark can also be found on apparel worn by coaches, players,

fans, and recruits, and is also the name of one of the student organizations dedicated to

cheering on Ohio State athletic teams (including specific student cheering sections located

in Ohio Stadium). The Block O Mark can also be found prominently displayed on its Army

ROTC “Buckeye Battalion” Cadet Handbook.

14. As the result of Ohio State’s long, extensive, and continuous use of the Block O Mark as

described in the preceding paragraphs, the Block O Mark has achieved favorable national

recognition and has become an asset of significant value as a symbol pointing uniquely to

Ohio State, its services, products and its goodwill. Indeed, consumers now associate the

Block O Mark exclusively with Ohio State.

15. Ohio State strictly licenses and markets many items under its common law and registered

trademarks and, due to its fame and storied history, enjoys licensing revenues in the

4 millions each year, averaging over $12.5 million a year over the last 10 years (including

over $15.5 million dollars in (fiscal year) 2019).4 Consistent with Ohio State’s branding

efforts and licensing program and the demand for apparel, novelty items, and other

consumer goods bearing the storied and historical marks of Opposer, Ohio State licenses

the use of the Block O Mark on a wide variety of consumer goods.

16. Ohio State has also operated and licensed others to operate retail locations, including

online, for the sale of a vast array of consumer goods bearing Ohio State’s trademarks,

including the Block O Mark, since at least as early as 1966 for brick and mortar stores and

at least as early as 2010 for online stores. Today, Ohio State’s online retail operations can

be found at shop.ohiostatebuckeyes.com and gobuckeyes.com (“Ohio State’s Retail Sites”)

where prominent use of the Block O Mark can be found.

17. Ohio State is the owner of, among others, the following federal trademark registrations:

— Registration No. 4,458,983 registered December 31, 2013, for entertainment services, namely, providing college level sport exhibition events and recreation programs; educational services, namely, providing courses of instruction in sports, fitness and exercise; providing a website containing news and information relating to sports and recreation events, including game schedules and ticket sales;

— Registration No. 2,689,612 registered February 5, 2003, for clothing, namely, jackets, sweaters, hats and T-shirts;

4 This revenue supports Ohio State’s students, faculty and staff with student scholarships, libraries, research, and other university initiatives that support Ohio State’s overall mission as the leading state university in Ohio. 5 — Registration No. 5,550,238 registered August 28, 2018, for bowls; drinkware; beverage glassware; travel mugs;

(the “BLOCK O Registered Marks”).

18. Pursuant to Trademark Rule 2.122(d)(1), Ohio State hereby provides proof of status and

title of the BLOCK O Registered Marks by filing a copy of the records from the USPTO

electronic database attached hereto as Exhibit 1.

19. The certificate of registrations identified in Paragraph 17 are valid and subsisting and prima

facie evidence of the validity of the registrations, of Ohio State’s ownership of the BLOCK

O Registered Marks, of Ohio State’s exclusive right to use the BLOCK O Registered Marks

in commerce in connection with the goods and services specified under the provisions of

15 U.S.C. § 1057(b), and constructive notice of Ohio State’s claim of ownership under 15

U.S.C. § 1072. Moreover, Reg. Nos. 2,689,612 and 4,458,983 are incontestable, which

provides conclusive evidence of their validity, of Ohio State’s ownership of the mark, and

of Ohio State’s exclusive right to use the Block O Registered Marks in commerce under

15 U.S.C. § 1115(b).

20. In addition to the rights afforded to Opposer by the BLOCK O Registered Marks, Ohio

State owns significant common law rights in the Block O Mark though its extensive and

exclusive use in connection with the promotion, offering and provision of its goods and

services for over 120 years (the BLOCK O Registered Marks and the Block O Mark are

hereafter collectively referred to as the “Block O Marks”).

21. Applicant has applied for the following stylized “O” for intended use in connection with

the Othello Retail Services:

6 22. As indicated above, Ohio State has continuously and long prior to Applicant’s constructive

first use date of May 7, 2020 used the Block O Marks in connection with its educational,

athletic, recreational, arts and entertainment and retail services, as well as on and in

connection with a broad range of consumer goods sold to students, alumni, and fans of

Opposer.

23. The Applied-for Mark is highly similar to Opposer’s Block O Marks in appearance as both

present a single O in an octagon shape and stylization with the outer portion of the letter

filled with color and an elongated inner space in the middle of the letter devoid of color.

24. The Applied-for Mark merely adds 3 stars and 3 chevrons to the octagon-shaped O.

25. The relevant purchasing public is familiar with Ohio State’s addition of other elements to

its Block O Mark to create additional trademarks that are specific for certain departments

or divisions of Opposer’s overall university, such as in the case of Ohio State’s athletic

department that prominently uses the following mark:

26. As a result, the addition of the stars and chevrons in the Applied-for Mark will likely be

viewed by the public as a “military” styled or themed version of Ohio State’s Block O

Marks as either a tribute to Ohio State’s students, alumni and fans who are current or former

members of the U.S. military or to the U.S. military and its veterans in general.

27. In addition, because the Applied-for Mark does not claim color, registration of the Applied-

7 for Mark would provide the Applicant the presumptive right to use the Applied-for Mark

with any color, including Ohio State’s distinctive school colors of scarlet and gray5.

28. Use of the Applied-for Mark in Ohio State’s school colors or combination of colors would

only further heighten the likelihood of confusion to arise from Applicant’s use of the

Applied-for Mark with the Othello Retail Services.

29. The success of Ohio State in both its educational missions and its athletic programs have

cemented the presence of the Block O Marks on a national stage—making goods bearing

the Block O Marks even more sought after and desired.

30. In the case at hand, overlap of, among, and between the services exists as Ohio State

already offers online retail services using its Block O Marks at Ohio State’s Retail Sites.

Further, the Othello Retail Services are very broad such that they could include the sale of

products that are the same as Opposer’s licensed products.6

31. The Applied-for Mark is confusingly similar to Opposer’s Block O Marks such that one

would reasonably expect the Othello Retail Services and the products sold via the Othello

Retail Services to emanate from Ohio State, and the contemporaneous use thereof is likely

to cause confusion, mistake, or deception in that the purchasing public is likely to believe

that either Applicant, its services or the goods sold via the Othello Retail Services emanate

from, or are in some way associated or connected with, or sponsored, licensed, or

authorized by Ohio State, all to the damage of Opposer and should be refused registration

under Section 2(d) of the Lanham Act.

5 The school colors of scarlet and gray have become synonymous with Opposer in the relevant marketplace. Indeed, the colors scarlet and gray have been characterized by federal courts as a trademark that is strongly associated with The Ohio State University. See e.g., Bd. of Supervisors for La. State Univ. Agric. & Mech. College v. Smack Apparel Co., 550 F.3d 465, 486 (5th Cir. 2008). 6 “It is well established that goods and services may be related.” In Re Sunrise Apparel Grp., LLC, No. 85587635, 2015 WL 6746546, at *2 (T.T.A.B. Oct. 9, 2015) (citing In re Hyper Shoppes, 837 F.2d 463, 464–465 (Fed. Cir. 1988). “Where the services consist of retail sales services, likelihood of confusion is found when another mark is used on goods which are commonly sold through such a retail outlet.” 4 McCarthy on Trademarks and Unfair Competition § 24:25 (5th ed). 8 32. Given Ohio State’s extensive use of the Block O Marks for over a century in connection

with its services described in this Notice of Opposition, and its subsequent expansion of

the Block O Marks for use in connection with the vast array of licensed products sold in

connection therewith, the Block O Marks became famous long before Applicant’s

constructive first use date. As such, the Applied-for Mark dilutes the distinctiveness of

Opposer’s Block O Marks under Section 43(c) and should be refused registration under

such grounds.

33. By reason of the foregoing, Opposer’s opposition should be sustained and Applicant’s

Application refused registration pursuant to Section 13 of the Trademark Act (15 U.S.C. §

1063).

WHEREFORE, Opposer prays this Notice of Opposition be sustained and that Application

Serial No. 88/904,773 be refused registration.

Date: November 30, 2020 Respectfully submitted,

Samantha M. Quimby Kevin T. Shook Matthew J. Clark FROST BROWN TODD LLC One Columbus, Suite 2300 10 West Broad Street Columbus, Ohio 43215-3484 Telephone: (614) 559-7282 Facsimile: (614) 464-1737

Attorneys for The Ohio State University

4830-2341-5763v2

9 EXHIBIT 1 Generated on: This page was generated by TSDR on 2020-11-30 14:51:35 EST Mark: O US Serial Number: 85935543 Application Filing Date: May 17, 2013US Registration Number: 4458983 Registration Date: Dec. 31, 2013 Register: PrincipalMark Type: Service Mark TM5 Common Status Descriptor: LIVE/REGISTRATION/Issued and Active The trademark application has been registered with the Office. Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.Status Date: Feb. 28, 2020 Publication Date: Oct. 15, 2013

Mark Information

Mark Literal Elements: OStandard Character Claim: NoMark Drawing Type: 5 - AN ILLUSTRATION DRAWING WITH WORD(S) /LETTER(S)/ NUMBER(S) INSTYLIZED FORMDescription of Mark: The mark consists of a block letter "O".Color(s) Claimed: Color is not claimed as a feature of the mark. Related Properties Information

Claimed Ownership of US Registrations: 2064906 , 2657665 , 2689612 Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.

For: entertainment services, namely, providing college level sport exhibition events and recreation programs; educational services, namely, providing courses of instruction in sports, fitness and exercise; providing a website containing news and information relating to sports and recreation events, including game schedules and ticket sales International Class(es): 041 - Primary Class U.S Class(es): 100, 101, 107 Class Status: ACTIVE Basis: 1(a) First Use: 1898 Use in Commerce: 1898 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: THE OHIO STATE UNIVERSITY Owner Address: 190 North Oval Mall Columbus, OHIO UNITED STATES 43210 Legal Entity Type: state university State or Country Where Organized: OHIO Attorney/Correspondence Information

Attorney of Record Attorney Name: Samantha M. Quimby Docket Number: 0539066 Attorney Primary Email Address: [email protected] Attorney Email Authorized: Yes Correspondent Correspondent Name/Address: SAMANTHA M. QUIMBY FROST BROWN TODD LLC 10 W BROAD ST STE 2300 COLUMBUS, OHIO UNITED STATES 43215-3484 Phone: 614-559-7282 Fax: 513-651-6981 Correspondent e-mail: [email protected] [email protected] [email protected] Correspondent e-mail Authorized: Yes Domestic Representative - Not Found Prosecution History Date Description Proceeding Number Feb. 28, 2020 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED Feb. 28, 2020 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 76985 Feb. 26, 2020 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76985 Nov. 21, 2019 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 75461 Oct. 15, 2019 TEAS SECTION 8 & 15 RECEIVED Dec. 31, 2018 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED Dec. 31, 2013 REGISTERED-PRINCIPAL REGISTER Oct. 15, 2013 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Oct. 15, 2013 PUBLISHED FOR OPPOSITION Sep. 25, 2013 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Sep. 06, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER Sep. 05, 2013 ASSIGNED TO EXAMINER 69197 May 31, 2013 NOTICE OF PSEUDO MARK E-MAILED May 30, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM May 21, 2013 NEW APPLICATION ENTERED IN TRAM

TM Staff and Location Information

TM Staff Information - None File Location Current Location: TMO LAW OFFICE 110 Date in Location: Feb. 28, 2020 Proceedings

Summary Number of Proceedings: 2

Type of Proceeding: Opposition Proceeding Number: 91251671 Filing Date: Oct 16, 2019Status: Suspended Status Date: Feb 22, 2020Interlocutory Attorney: MARY CATHERINE FAINT Defendant Name: Overtime Sports, Inc.Correspondent Address: LEO KITTAY FROSS ZELNICK LEHRMAN & ZISSU PC 151 W 42ND STREET 17TH FLOOR NEW YORK NY UNITED STATES , 10036Correspondent e-mail: [email protected] , [email protected] , [email protected] , [email protected] , [email protected] Associated marks Mark Application Status Serial Number Registration Number O Opposition Pending 88325985 O Opposition Pending 88319783 Plaintiff(s) Name: The Ohio State UniversityCorrespondent Address: SAMANTHA M QUIMBY FROST BROWN TODD LLC 10 WEST BROAD STREET, SUITE 2300 COLUMBUS OH UNITED STATES , 43215-3484Correspondent e-mail: [email protected] , [email protected] , [email protected] Associated marks Mark Application Status Serial Number Registration Number O REGISTERED AND RENEWED 75619315 2689612 O Section 8 and 15 - Accepted and 85935543 4458983 Acknowledged Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Oct 16, 2019 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Oct 17, 2019 Nov 26, 2019 3 INSTITUTED Oct 17, 2019 4 D CHANGE OF CORRESP ADDRESS Nov 25, 2019 5 D MOT FOR EXT W/ CONSENT Nov 25, 2019 6 EXTENSION OF TIME GRANTED Nov 25, 2019 7 ANSWER Dec 23, 2019 8 D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Feb 22, 2020 9 SUSPENDED Feb 22, 2020 10 D MOT TO SUSP PEND DISP CIV ACTION Mar 24, 2020 11 SUSP PEND DISP OF CIVIL ACTION Apr 02, 2020 12 MOT TO AMEND APPLICATION Oct 29, 2020 Type of Proceeding: Opposition Proceeding Number: 91243311 Filing Date: Aug 29, 2018Status: Terminated Status Date: Jan 10, 2019Interlocutory Attorney: YONG OH (RICHARD) KIM Defendant Name: The Board of Regents of the University of OklahomaCorrespondent Address: DAVID M SULLIVAN CROWE & DUNLEVY PC BRANIFF BUILDING 324 NORTH ROBINSON AVENUE, SUITE 100 OKLAHOMA CITY OK UNITED STATES , 73102Correspondent e-mail: [email protected] , [email protected] Associated marks Mark Application Status Serial Number Registration Number Abandoned - After Inter-Partes Decision 87712138 Plaintiff(s) Name: The Ohio State UniversityCorrespondent Address: SAMANTHA M QUIMBY FROST BROWN TODD LLC 10 W BROAD ST STE 2300 Columbus OH UNITED STATES , 43215-3484Correspondent e-mail: [email protected] , [email protected] Associated marks Mark Application Status Serial Number Registration Number O Section 8 and 15 - Accepted and Acknowledged 85935543 4458983 O REGISTERED AND RENEWED 75095418 2064906 O REGISTERED AND RENEWED 75619315 2689612 Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Aug 29, 2018 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Aug 29, 2018 Oct 08, 2018 3 PENDING, INSTITUTED Aug 29, 2018 4 D MOT FOR EXT W/ CONSENT Oct 05, 2018 5 EXTENSION OF TIME GRANTED Oct 05, 2018 6 D MOT FOR EXT W/ CONSENT Nov 05, 2018 7 EXTENSION OF TIME GRANTED Nov 05, 2018 8 D MOT FOR EXT W/ CONSENT Dec 06, 2018 9 EXTENSION OF TIME GRANTED Dec 06, 2018 10 W/DRAW OF APPLICATION Jan 07, 2019 11 BD DECISION: OPP SUSTAINED Jan 10, 2019 12 TERMINATED Jan 10, 2019 Generated on: This page was generated by TSDR on 2020-11-30 14:51:51 EST Mark: O US Serial Number: 75619315 Application Filing Date: Jan. 12, 1999US Registration Number: 2689612 Registration Date: Feb. 25, 2003 Register: PrincipalMark Type: Trademark TM5 Common Status Descriptor: LIVE/REGISTRATION/Issued and Active The trademark application has been registered with the Office. Status: The registration has been renewed.Status Date: Nov. 26, 2012 Publication Date: Oct. 17, 2000

Mark Information

Mark Literal Elements: OStandard Character Claim: NoMark Drawing Type: 5 - AN ILLUSTRATION DRAWING WITH WORD(S) /LETTER(S)/ NUMBER(S) INSTYLIZED FORM Related Properties Information

International Registration Number: 0992404 International Application(s) /Registration(s) Based on this Property: A0014937 / 0992404 Claimed Ownership of US Registrations: 1294115 , 2064906 Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

For: clothing, namely, jackets, sweaters, hats and T-shirts International Class(es): 025 - Primary Class U.S Class(es): 022, 039 Class Status: ACTIVE Basis: 1(a) First Use: 1898 Use in Commerce: 1898 Basis Information (Case Level)

Owner Name: OHIO STATE UNIVERSITY, THE Owner Address: 190 NORTH OVAL MALL COLUMBUS, OHIO UNITED STATES 43210 Legal Entity Type: INSTITUTION State or Country Where Organized: OHIO Attorney/Correspondence Information

Attorney of Record Attorney Name: Samantha M. Quimby Attorney Primary Email Address: [email protected] Attorney Email Authorized: Yes Correspondent Correspondent Name/Address: Samantha M. Quimby FROST BROWN TODD LLC 10 WEST BROAD STREET SUITE 2300 COLUMBUS, OHIO UNITED STATES 43215-3484 Phone: 614.559.7282 Fax: 614.464.1737 Correspondent e-mail: [email protected] [email protected] [email protected] Correspondent e-mail Authorized: Yes Domestic Representative - Not Found Prosecution History Date Description Proceeding Number Apr. 17, 2018 NOTICE OF SUIT Feb. 05, 2018 NOTICE OF SUIT Nov. 26, 2012 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED Nov. 26, 2012 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 69471 Nov. 26, 2012 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 69471 Nov. 26, 2012 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 69471 Oct. 30, 2012 TEAS SECTION 8 & 9 RECEIVED Jan. 20, 2012 NOTICE OF SUIT Nov. 15, 2010 NOTICE OF SUIT Mar. 12, 2009 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 77315 Mar. 04, 2009 ASSIGNED TO PARALEGAL 77315 Feb. 25, 2009 TEAS SECTION 8 & 15 RECEIVED Apr. 15, 2008 CASE FILE IN TICRS Oct. 15, 2007 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED Oct. 15, 2007 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED Aug. 07, 2007 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED Aug. 07, 2007 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED Feb. 25, 2003 REGISTERED-PRINCIPAL REGISTER Oct. 30, 2000 EXTENSION OF TIME TO OPPOSE RECEIVED Oct. 17, 2000 PUBLISHED FOR OPPOSITION Sep. 15, 2000 NOTICE OF PUBLICATION Jul. 12, 2000 APPROVED FOR PUB - PRINCIPAL REGISTER May 18, 2000 CORRESPONDENCE RECEIVED IN LAW OFFICE Apr. 20, 2000 LETTER OF SUSPENSION MAILED Jan. 05, 2000 CORRESPONDENCE RECEIVED IN LAW OFFICE Dec. 21, 1999 UNRESPONSIVE/DUPLICATE PAPER RECEIVED Aug. 06, 1999 NON-FINAL ACTION MAILED Jul. 29, 1999 ASSIGNED TO EXAMINER 69195

TM Staff and Location Information

TM Staff Information - None File Location Current Location: GENERIC WEB UPDATE Date in Location: Nov. 26, 2012 Proceedings

Summary Number of Proceedings: 4

Type of Proceeding: Extension of Time Proceeding Number: 75619315 Filing Date:Status: Terminated Status Date:Interlocutory Attorney: Defendant Name: OHIO STATE UNIVERSITY, THECorrespondent Address: JOSEPH R. DREITLER VORYS, SATER, SEYMOUR AND PEASE LLP 52 EAST GAY STREET COLUMBUS OH UNITED STATES , 43216-1008 Associated marks Mark Application Status Serial Number Registration Number O REGISTERED AND RENEWED 75619315 2689612 Potential Opposer(s) Name: The Board of Regents for Oklahoma StateCorrespondent Address: R. Alan Weeks 321 S. Boston Avenue, Suite 800 Tulsa OK UNITED STATES , 74103-3318 Prosecution History Entry Number History Text Date Due Date 1 INCOMING - EXT TIME TO OPPOSE FILED Feb 11, 2002 2 EXTENSION OF TIME GRANTED May 23, 2002 3 INCOMING - EXT TIME TO OPPOSE FILED Mar 15, 2002 4 EXTENSION OF TIME GRANTED May 23, 2002 5 DELETE ENTRY Aug 15, 2002 Type of Proceeding: Opposition Proceeding Number: 91251671 Filing Date: Oct 16, 2019Status: Suspended Status Date: Feb 22, 2020Interlocutory Attorney: MARY CATHERINE FAINT Defendant Name: Overtime Sports, Inc.Correspondent Address: LEO KITTAY FROSS ZELNICK LEHRMAN & ZISSU PC 151 W 42ND STREET 17TH FLOOR NEW YORK NY UNITED STATES , 10036Correspondent e-mail: [email protected] , [email protected] , [email protected] , [email protected] , [email protected] Associated marks Mark Application Status Serial Number Registration Number O Opposition Pending 88325985 O Opposition Pending 88319783 Plaintiff(s) Name: The Ohio State UniversityCorrespondent Address: SAMANTHA M QUIMBY FROST BROWN TODD LLC 10 WEST BROAD STREET, SUITE 2300 COLUMBUS OH UNITED STATES , 43215-3484Correspondent e-mail: [email protected] , [email protected] , [email protected] Associated marks Mark Application Status Serial Number Registration Number O REGISTERED AND RENEWED 75619315 2689612 O Section 8 and 15 - Accepted and Acknowledged 85935543 4458983 Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Oct 16, 2019 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Oct 17, 2019 Nov 26, 2019 3 INSTITUTED Oct 17, 2019 4 D CHANGE OF CORRESP ADDRESS Nov 25, 2019 5 D MOT FOR EXT W/ CONSENT Nov 25, 2019 6 EXTENSION OF TIME GRANTED Nov 25, 2019 7 ANSWER Dec 23, 2019 8 D MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS Feb 22, 2020 9 SUSPENDED Feb 22, 2020 10 D MOT TO SUSP PEND DISP CIV ACTION Mar 24, 2020 11 SUSP PEND DISP OF CIVIL ACTION Apr 02, 2020 12 MOT TO AMEND APPLICATION Oct 29, 2020 Type of Proceeding: Opposition Proceeding Number: 91243311 Filing Date: Aug 29, 2018Status: Terminated Status Date: Jan 10, 2019Interlocutory Attorney: YONG OH (RICHARD) KIM Defendant Name: The Board of Regents of the University of OklahomaCorrespondent Address: DAVID M SULLIVAN CROWE & DUNLEVY PC BRANIFF BUILDING 324 NORTH ROBINSON AVENUE, SUITE 100 OKLAHOMA CITY OK UNITED STATES , 73102Correspondent e-mail: [email protected] , [email protected] Associated marks Mark Application Status Serial Number Registration Number Abandoned - After Inter-Partes Decision 87712138 Plaintiff(s) Name: The Ohio State UniversityCorrespondent Address: SAMANTHA M QUIMBY FROST BROWN TODD LLC 10 W BROAD ST STE 2300 Columbus OH UNITED STATES , 43215-3484Correspondent e-mail: [email protected] , [email protected] Associated marks Mark Application Status Serial Number Registration Number O Section 8 and 15 - Accepted and Acknowledged 85935543 4458983 O REGISTERED AND RENEWED 75095418 2064906 O REGISTERED AND RENEWED 75619315 2689612 Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Aug 29, 2018 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Aug 29, 2018 Oct 08, 2018 3 PENDING, INSTITUTED Aug 29, 2018 4 D MOT FOR EXT W/ CONSENT Oct 05, 2018 5 EXTENSION OF TIME GRANTED Oct 05, 2018 6 D MOT FOR EXT W/ CONSENT Nov 05, 2018 7 EXTENSION OF TIME GRANTED Nov 05, 2018 8 D MOT FOR EXT W/ CONSENT Dec 06, 2018 9 EXTENSION OF TIME GRANTED Dec 06, 2018 10 W/DRAW OF APPLICATION Jan 07, 2019 11 BD DECISION: OPP SUSTAINED Jan 10, 2019 12 TERMINATED Jan 10, 2019 Type of Proceeding: Cancellation Proceeding Number: 92029757 Filing Date: Jan 04, 2000Status: Terminated Status Date: Jan 04, 2000Interlocutory Attorney: ANDREW P BAXLEY Defendant Name: ONEONTA ATHLETIC CORPORATION, INC.Correspondent Address: ONEOTA ATHLETIC CORPORATION, INC. 95 RIVER STREET ONEONTA NY UNITED STATES , 13820 Associated marks Mark Application Status Serial Number Registration Number O REGISTERED AND RENEWED 75095418 2064906 Plaintiff(s) Name: THE OHIO UNIVERSITYCorrespondent Address: JOSEPH R. DREITLER VORYS, SATER, SEYMOUR AND PEASE LLP 52 EAST GAY STREET P.O. BOX 1008 COLUMBUS OH UNITED STATES , 43216-1008 Associated marks Mark Application Status Serial Number Registration Number O REGISTERED AND RENEWED 75619315 2689612 Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Dec 16, 1999 2 NOTICE SENT; TRIAL DATES RESET; ANSWER DUE Jan 04, 2000 Feb 13, 2000 3 FILED AND FEE Jan 04, 2000 4 WITHDRAWAL OF PETITION FOR CANCELLATION Apr 05, 2000 5 PENDING, INSTITUTED Jan 04, 2000 6 DSMD AS MOOT Jul 28, 2000 Generated on: This page was generated by TSDR on 2020-11-30 14:52:04 EST Mark: O US Serial Number: 87766629 Application Filing Date: Jan. 23, 2018US Registration Number: 5550238 Registration Date: Aug. 28, 2018Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: PrincipalMark Type: Trademark TM5 Common Status Descriptor: LIVE/REGISTRATION/Issued and Active The trademark application has been registered with the Office. Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.Status Date: Aug. 28, 2018 Publication Date: Jun. 12, 2018

Mark Information

Claimed Ownership of US Registrations: 2657665 , 2689612 , 4458983 Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

For: bowls; drinkware; beverage glassware; travel mugs International Class(es): 021 - Primary Class U.S Class(es): 002, 013, 023, 029, 030, 033, 040, 050 Class Status: ACTIVE Basis: 1(a) First Use: 2003 Use in Commerce: 2003 Basis Information (Case Level)

Owner Name: The Ohio State University Owner Address: 190 North Oval Mall Columbus, OHIO UNITED STATES 43210 Legal Entity Type: state university State or Country Where Organized: OHIO Attorney/Correspondence Information

TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Aug. 28, 2018