GOURMET DONUTS - Trademark Details
Status: 771 - Concurrent Use Proceeding Pending
Serial Number
85253527
Word Mark
GOURMET DONUTS
Status
771 - Concurrent Use Proceeding Pending
Status Date
2012-12-04
Filing Date
2011-02-28
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
010503 - Sun representing a human face or an animal.
Published for Opposition Date
2012-12-04
Attorney Name
Law Office Assigned Location Code
M20
Employee Name
MULLEN, MARK TIMOTHY
Statements
Indication of Colors claimed
The color(s) orange, white, brown and yellow is/are claimed as a feature of the mark.
Concurrent Use Statement
Subject to Concurrent Use with Registration No. 2997786. Owner claims exclusive right to use the proposed mark within the requested geographic area for use on signs, packaging, napkins, cups and advertising for goods and services including bagels, beverages with a coffee base, coffee and tea, coffee based beverages, coffee beverages with milk, coffee based beverages, containing milk, croissants, Danish pastries, donuts, iced coffees, muffins, prepared coffee and coffee based beverages. The geographic area for which applicant seeks registration of the mark is limited to Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, and New York. The registrant on the concurrent use is Euro Coffee, 1008 N. Cole Ave., Los Angeles, CA 90038 for coffee. Upon information and belief, the registrant uses the registered mark on packages of coffee beans to identify the flavor of the beans for sale at the registrant's Los Angeles, California location.
Disclaimer with Predetermined Text
"GOURMET DONUTS"
Description of Mark
The mark consists of an orange donut stylized as a smiling sun with the color white with brown trim appearing in the hole of the donut with a scalloped perimeter in white trimmed in orange. The remaining facial features of the donut appear in brown. The stylized donut appears next to the word "Gourmet" in yellow block lettering over the word "Donuts" in yellow block lettering. The words "Gourmet Donuts" are placed on a brown background that traces each letter around the perimeter of the words and is solid between the words.
Goods and Services
Bagels; Beverages made of coffee; Beverages with a coffee base; Coffee; Coffee and tea; Coffee based beverages; Coffee beverages with milk; Coffee-based beverage containing milk; Coffee-based beverages; Croissants; Danish pastries; Donuts; Iced coffee; Muffins; Prepared coffee and coffee-based beverages
Classification Information
International Class
030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
US Class Codes
046
Class Status Code
6 - Active
Class Status Date
2011-03-03
Primary Code
030
Current Trademark Owners
Party Name
Party Type
20 - Owner at Publication
Legal Entity Type
03 - Corporation
Address
Please log in with your Justia account to see this address.
Trademark Owner History
Correspondences
Name
JOHN M. FLICK
Address
Please log in with your Justia account to see this address.
Trademark Events
| Event Date | Event Description |
| 2011-03-03 | NEW APPLICATION ENTERED IN TRAM |
| 2011-03-03 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| 2011-03-04 | NOTICE OF DESIGN SEARCH CODE MAILED |
| 2011-05-31 | ASSIGNED TO EXAMINER |
| 2011-06-07 | NON-FINAL ACTION WRITTEN |
| 2011-06-07 | NON-FINAL ACTION E-MAILED |
| 2011-06-07 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 2011-12-06 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2011-12-06 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2011-12-07 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2011-12-28 | NON-FINAL ACTION WRITTEN |
| 2011-12-28 | NON-FINAL ACTION E-MAILED |
| 2011-12-28 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 2011-12-28 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2011-12-28 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2011-12-28 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2012-01-18 | FINAL REFUSAL WRITTEN |
| 2012-01-18 | FINAL REFUSAL E-MAILED |
| 2012-01-18 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| 2012-06-25 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| 2012-06-25 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2012-06-25 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2012-06-26 | EXPARTE APPEAL RECEIVED AT TTAB |
| 2012-06-26 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| 2012-06-26 | EX PARTE APPEAL-INSTITUTED |
| 2012-07-24 | ACTION CONTINUING FINAL - COMPLETED |
| 2012-07-24 | ACTION DENYING REQ FOR RECON E-MAILED |
| 2012-07-24 | NOTIFICATION OF ACTION DENYING REQ FOR RECON E-MAILED |
| 2012-09-24 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| 2012-10-02 | ASSIGNED TO LIE |
| 2012-10-04 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2012-10-04 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2012-10-10 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| 2012-10-25 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| 2012-10-25 | EXPARTE APPEAL TERMINATED |
| 2012-10-29 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| 2012-11-14 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| 2012-12-04 | PUBLISHED FOR OPPOSITION |
| 2012-12-04 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
