THE BROKEN EGG - Trademark Details
Status: 710 - Cancelled - Section 8
Image for trademark with serial number 78441808
Serial Number
78441808
Registration Number
4378053
Word Mark
THE BROKEN EGG
Status
710 - Cancelled - Section 8
Status Date
2020-03-13
Filing Date
2004-06-25
Registration Number
4378053
Registration Date
2013-08-06
Mark Drawing
4000 - Standard character mark Typeset
Published for Opposition Date
2011-04-12
Attorney Name
Law Office Assigned Location Code
M50
Employee Name
VERHOSEK, WILLIAM T
Statements
Amendment to a Registration/Renewal Certificate
In the statement, line 13 through 23, restriction statement is deleted.
Indication of Colors claimed
Color is not claimed as a feature of the mark.
Concurrent Use Statement
Subject to Concurrent Use Proceeding with U.S. Registration No. 1116493. Applicant claims the exclusive right to use the mark in the area comprising the southern portion of the state of Florida demarcated by an imaginary line across the state of Florida, as follows: Starting from Florida's west coast, the line consists of the southern border of Pasco County, then runs along the southern border of Sumter and Lake Counties. The line then runs southeast along the western border of Osceola County, east along the southern border of Osceola County, and then north along the eastern border of Osceola County. From the northeastern corner of Osceola County, the line then goes due east through Brevard County to the Atlantic Coast. Applicant will have as its exclusive territory the entire portion of the State of Florida that is south of the above-described line. Applicant: BROKEN EGG INC. OF SIESTA KEY, Florida Corporation, 140 Avenida Messina Sarasota FLORIDA 34242. THE BROKEN EGG for "coffee mugs, clothing, namely, t-shirts and hats, restaurant services and catering services". First Use: 19850831. First Use in Commerce: 19850831. Area of use starting from Florida's west coast, the line consists of the southern border of Pasco County, then runs along the southern border of Sumter and Lake Counties. The line then runs southeast along the western border of Osceola County, east along the southern border of Osceola County, and then north along the eastern border of Osceola County. From the northeastern corner of Osceola County, the line then goes due east through Brevard County to the Atlantic Coast. Applicant will have as its exclusive territory the entire portion of the State of Florida that is south of the above-described line. Exceptions to Exclusive Use: ANOTHER BROKEN EGG OF AMERICA, INC., Louisiana Corporation, 525 Kimberly Ann Drive, Mandeville, Louisiana 70471. BROKEN EGG for "restaurant services". First Use: 19700623. First Use in Commerce: 19700623. Area of use is that portion of the state of Florida that is north of the line described above and the rest of the United States.
Goods and Services
Coffee mugs
Goods and Services
Clothing, namely, t-shirts and hats
Goods and Services
Restaurant services and catering services
Order restricting Scope or Claim of Registration
Registration limited to the area comprising the southern half of the state of Florida identified as starting from Florida's west coast, the line consists of the southern border of Pasco County, and then runs along the southern border of Sumter and Lake Counties. The line then runs southeast along the western border of Osceola County, east along the southern border of Osceola County, and then north along the eastern border of Osceola County. From the northeastern corner of Osceola County, the line then goes due east through Brevard County to the Atlantic Ocean pursuant to Concurrent Use Proceeding No. 94002524. Concurrent registration with Another Broken Egg of America, Inc., Registration No. 1116493.
Classification Information
International Class
021 - Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. - Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
US Class Codes
002, 013, 023, 029, 030, 033, 040, 050
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2020-03-13
Primary Code
021
First Use Anywhere Date
1996-12-31
First Use In Commerce Date
1996-12-31
International Class
025 - Clothing, footwear, headgear. - Clothing, footwear, headgear.
US Class Codes
022, 039
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2020-03-13
Primary Code
025
First Use Anywhere Date
1996-12-31
First Use In Commerce Date
1996-12-31
International Class
043 - Services for providing food and drink; temporary accommodation. - Services for providing food and drink; temporary accommodation.
US Class Codes
100, 101
Class Status Code
2 - Sec. 8 - Entire Registration
Class Status Date
2020-03-13
Primary Code
043
First Use Anywhere Date
1985-08-31
First Use In Commerce Date
1985-08-31
Correspondences
Name
James Faris
Address
Please log in with your Justia account to see this address.
Trademark Events
Event DateEvent Description
2004-07-01NEW APPLICATION ENTERED IN TRAM
2005-02-01ASSIGNED TO EXAMINER
2005-02-01NON-FINAL ACTION WRITTEN
2005-02-01NON-FINAL ACTION E-MAILED
2005-07-20PAPER RECEIVED
2005-07-20CORRESPONDENCE RECEIVED IN LAW OFFICE
2005-07-27AMENDMENT FROM APPLICANT ENTERED
2005-07-28SUSPENSION LETTER WRITTEN
2005-07-28LETTER OF SUSPENSION E-MAILED
2006-01-28REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2006-01-28REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2006-08-07REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2007-02-07REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2007-08-09REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2008-02-09ASSIGNED TO LIE
2008-02-09REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2008-05-02PAPER RECEIVED
2008-05-07APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
2008-08-10REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2009-02-10REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2009-07-16TEAS CHANGE OF CORRESPONDENCE RECEIVED
2009-08-10REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2010-02-10REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2010-08-10REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED
2010-11-05TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED
2010-11-05CORRESPONDENCE RECEIVED IN LAW OFFICE
2010-11-05TEAS/EMAIL CORRESPONDENCE ENTERED
2010-11-17TEAS AMENDMENT OF USE RECEIVED
2010-11-18USE AMENDMENT FILED
2010-11-18AMENDMENT TO USE PROCESSING COMPLETE
2010-11-18USE AMENDMENT ACCEPTED
2010-11-19NOTICE OF ACCEPTANCE OF AMENDMENT TO ALLEGE USE E-MAILED
2010-11-19TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED
2010-11-19CORRESPONDENCE RECEIVED IN LAW OFFICE
2010-11-19TEAS/EMAIL CORRESPONDENCE ENTERED
2010-11-30NON-FINAL ACTION WRITTEN
2010-11-30NON-FINAL ACTION E-MAILED
2010-11-30NOTIFICATION OF NON-FINAL ACTION E-MAILED
2011-02-16TEAS RESPONSE TO OFFICE ACTION RECEIVED
2011-02-16CORRESPONDENCE RECEIVED IN LAW OFFICE
2011-02-16TEAS/EMAIL CORRESPONDENCE ENTERED
2011-03-01APPROVED FOR PUB - PRINCIPAL REGISTER
2011-03-08LAW OFFICE PUBLICATION REVIEW COMPLETED
2011-04-12PUBLISHED FOR OPPOSITION
2011-04-12OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
2011-10-01CONCURRENT USE PROC. INSTITUTED NO. 999999
2012-04-19CONCURRENT USE PROC. INSTITUTED NO. 999999
2013-06-12CONCURRENT USE GRANTED NO. 999999
2013-06-19CONCURRENT USE TERMINATED NO. 999999
2013-06-19TTAB RELEASE CASE TO TRADEMARKS
2013-08-06REGISTERED-PRINCIPAL REGISTER
2014-06-25AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
2016-06-08TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
2016-06-08ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
2016-09-02TEAS SECTION 7 REQUEST RECEIVED
2016-09-02TEAS CHANGE OF CORRESPONDENCE RECEIVED
2016-12-11CASE ASSIGNED TO POST REGISTRATION PARALEGAL
2016-12-13AMENDMENT UNDER SECTION 7 - ISSUED
2017-12-13AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP
2018-08-06COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED
2018-10-17TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
2018-10-17ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
2019-02-18TEAS CHANGE OF OWNER ADDRESS RECEIVED
2019-02-18APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
2020-03-13CANCELLED SEC. 8 (6-YR)