CB CLUTCH BURGER NEVER BASIC, ALWAYS CLUTCH - Trademark Details
Status: 771 - Concurrent Use Proceeding Pending
Serial Number
88218152
Word Mark
CB CLUTCH BURGER NEVER BASIC, ALWAYS CLUTCH
Status
771 - Concurrent Use Proceeding Pending
Status Date
2021-03-09
Filing Date
2018-12-05
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
260101 - Circles as carriers or as single line borders.
Published for Opposition Date
2021-03-09
Attorney Name
Law Office Assigned Location Code
L50
Employee Name
LAPTER, ALAIN J
Statements
Indication of Colors claimed
Color is not claimed as a feature of the mark.
Concurrent Use Statement
(1) the applicant's goods and/or services, the geographic area in which the applicant is using the mark in commerce, and the mode of use for which the applicant seeks registration; Aprile & More agrees that it is using the mark for Restaurant services, namely, providing gourmet burgers and beverages for consumption on and off the premises since at least January 29, 2018 and will only use the Aprile & More Marks in con-nection with restaurants located within the following states: New York, Maine, New Hampshire, New Jersey, Vermont, Massachusetts, Rhode Island, Connecti-cut, Delaware, Maryland, Pennsylvania, Virginia, West Virginia, Ohio, Michigan, Indiana, Kentucky, Wisconsin, Illinois, Missouri, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Idaho, Washington, and Florida. (2) the concurrent users' names and addresses, the concurrent user's goods and/or services, and the registrations issued to or applications filed by the concurrent users (if any), to the extent known by the applicant; La Michoacana Meat Market TM Holdings, LLC, a Delaware limited liability company with a principal place of business at 8845 Long Point Houston, TEXAS UNITED STATES 77055 class 43 Restaurant services. La Michoacana Meat Market TM Holdings, LLC is the owner of a pending U.S. trademark application for the mark CLUTCH TACOS in standard character form for "restaurant services" US Serial Number: 87866791 filed on April 6, 2018. (3) the geographic areas in which the concurrent user is using the mark in commerce, the mode of use by the concurrent users, and the time periods of such use by the concurrent users, to the extent known by the applicant. Aprile & More is using the mark in connection with Restaurant services, namely, providing gourmet burgers and beverages for consumption on and off the premises located within the following states: New York, Maine, New Hampshire, New Jersey, Vermont, Massachusetts, Rhode Island, Connecti-cut, Delaware, Maryland, Pennsylvania, Virginia, West Virginia, Ohio, Michigan, Indiana, Kentucky, Wisconsin, Illinois, Missouri, Tennessee, North Carolina, South Carolina, Georgia, Alabama, Idaho, Washington, and Florida. La Michoacana Meat Market TM Holdings, LLC is using the mark for restaurant services connection with restaurants located within the following states: Iowa, Arkansas, Minnesota, Texas, Oklahoma, Kansas, Mississippi, Louisiana, Nebraska, South Dakota, North Dakota, Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Oregon, Nevada, California, Arizona, New Mexico, Alaska, and Hawaii.
Disclaimer with Predetermined Text
"BURGER"
Description of Mark
The mark consists of the capital letters "C" and "B" enclosed by a circle centered above the words "Clutch Burger". The words "Clutch Burger" are centered above the words "Never Basic, Always Clutch" wherein a comma separates the words "Never Basic" and "Always Clutch".
Goods and Services
Restaurant services, namely, providing gourmet burgers and beverages for consumption on and off the premises
Classification Information
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
6 - Active
Class Status Date
2018-12-26
Primary Code
043
First Use Anywhere Date
2018-01-29
First Use In Commerce Date
2018-07-01
Current Trademark Owners
Party Name
Party Type
20 - Owner at Publication
Legal Entity Type
16 - Limited Liability Company
Address
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Trademark Owner History
Party Name
Party Type
20 - Owner at Publication
Legal Entity Type
16 - Limited Liability Company
Address
Please log in with your Justia account to see this address.
Party Name
Party Type
10 - Original Applicant
Legal Entity Type
16 - Limited Liability Company
Address
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Correspondences
Name
Augusto Perera, Esq.
Address
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Trademark Events
Event Date | Event Description |
2018-12-08 | NEW APPLICATION ENTERED IN TRAM |
2018-12-26 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
2018-12-27 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
2019-03-05 | ASSIGNED TO EXAMINER |
2019-03-07 | NON-FINAL ACTION WRITTEN |
2019-03-07 | NON-FINAL ACTION E-MAILED |
2019-03-07 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
2019-09-09 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
2019-09-09 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2019-09-10 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2019-09-11 | SUSPENSION LETTER WRITTEN |
2019-09-11 | LETTER OF SUSPENSION E-MAILED |
2019-09-11 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
2020-02-07 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
2020-02-07 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
2020-04-07 | ASSIGNED TO LIE |
2020-04-08 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
2020-11-29 | ASSIGNED TO LIE |
2020-12-03 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
2021-01-20 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
2021-01-20 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2021-01-21 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2021-01-28 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
2021-02-02 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2021-02-02 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2021-02-03 | APPROVED FOR PUB - PRINCIPAL REGISTER |
2021-02-17 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
2021-03-09 | PUBLISHED FOR OPPOSITION |
2021-03-09 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
2021-03-24 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
2021-03-24 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
2021-03-24 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |