FLYING BURRITO - Trademark Details
Status: 604 - Abandoned - After Inter-Partes Decision
Serial Number
77902861
Word Mark
FLYING BURRITO
Status
604 - Abandoned - After Inter-Partes Decision
Status Date
2012-09-18
Filing Date
2009-12-30
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
260127, 260901 - Circles containing irregular exterior lining or elements not amounting to a decorative border. Squares as carriers or squares as single or multiple line borders.
Published for Opposition Date
2010-10-19
Attorney Name
Law Office Assigned Location Code
L20
Employee Name
AGOSTO, GISELLE MARIE
Statements
In Another Form Statement
The mark was first used anywhere in a different form other than that sought to be registered at least as early as 12/31/1984
In Another Form Statement
The mark was first used in commerce in a different form other than that sought to be registered at least as early as 12/31/1984
Indication of Colors claimed
Color is not claimed as a feature of the mark.
Concurrent Use Statement
Concurrent use information. Subject to a concurrent use proceeding with Pangaea, Inc. of 509 W. Spring Street, Fayetteville, Arkansas 72701, Applicant claims the exclusive right to use the mark in connection with restaurants in the area comprising the entire United States except for the states of Arkansas, Oklahoma, Kansas and Missouri. An exception to Applicant's claim of exclusive use is the use of the mark THE FLYING BURRITO COMPANY & Design in connection with restaurant services and take-out restaurant services in or around Fayetteville, Arkansas by Pangaea, Inc. Both Applicant and Pangea, Inc. use their respective marks on signs at or near the locations of their restaurants, on menus available at the locations of their restaurants, on internet websites and in other ways customary in the trade to promote and render restaurant services. Pangaea, Inc. is the owner of United States trademark registration no. 2917092 for the aforementioned mark for restaurant services and take-out restaurant services. Applicant's predecessor-in-interest first began using the mark FLYING BURRITO in commerce before the January 7, 2004 filing date of application, serial no. 76/568,737, which issued as registration no. 2917092. No one else except as specified in this application has the right to use the FLYING BURRITO mark.
Disclaimer with Predetermined Text
"BURRITO"
Description of Mark
The mark consists of the stylized wording "FLYING BURITTO" positioned inside a geometric design having a generally circular interior and a generally cross shaped exterior.
Goods and Services
Restaurants
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
8 - Abandoned
Class Status Date
2012-09-18
Primary Code
043
First Use Anywhere Date
2008-05-31
First Use In Commerce Date
2008-05-31
Correspondences
Name
JAMES R MENKER
Address
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Trademark Events
Event Date | Event Description |
2010-01-02 | NEW APPLICATION ENTERED IN TRAM |
2010-01-03 | TEAS VOLUNTARY AMENDMENT RECEIVED |
2010-01-05 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
2010-01-06 | NOTICE OF DESIGN SEARCH CODE MAILED |
2010-03-25 | ASSIGNED TO EXAMINER |
2010-03-30 | NON-FINAL ACTION WRITTEN |
2010-03-30 | NON-FINAL ACTION E-MAILED |
2010-03-30 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
2010-08-10 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
2010-08-10 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2010-08-10 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2010-09-08 | APPROVED FOR PUB - PRINCIPAL REGISTER |
2010-09-16 | ASSIGNED TO LIE |
2010-09-16 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
2010-10-19 | PUBLISHED FOR OPPOSITION |
2010-10-19 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
2011-03-06 | CONCURRENT USE PROC. INSTITUTED NO. 999999 |
2012-09-18 | CONCURRENT USE TERMINATED NO. 999999 |
2012-09-18 | ABANDONMENT - AFTER INTER PARTES DECISION |
2012-09-18 | ABANDONMENT NOTICE MAILED - INTER PARTES DECISION |