ELEVATOR E - Trademark Details
Status: 700 - Registered
Serial Number
86820968
Registration Number
5377565
Word Mark
ELEVATOR E
Status
700 - Registered
Status Date
2018-01-16
Filing Date
2015-11-16
Registration Number
5377565
Registration Date
2018-01-16
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
031701 - Wings.
Published for Opposition Date
2017-06-13
Attorney Name
Law Office Assigned Location Code
L70
Employee Name
TRUSILO, KELLY JEAN
Statements
Indication of Colors claimed
The color(s) blue, grey and white is/are claimed as a feature of the mark.
Concurrent Use Statement
Subject to Concurrent Use Proceeding with 4602688 and 4602708. Applicant claims the exclusive right to use the mark in the area comprising the States of Ohio, Michigan, Pennsylvania, West Virginia, Kentucky, Indiana, and Wisconsin.
Concurrent Use Statement
1) the goods subject to concurrent use are limited to "beer". 2) the applicant seeks registration in the geographic area including: Ohio, Michigan, Pennsylvania, West Virginia, Kentucky, Indiana and Wisconsin. 3) the ELEVATOR E mark appears on labels for the beer and associated packaging. For restaurant services, the ELEVATOR E mark appears on signage and on menus. 4) Concurrent use of the ELEVATOR portion of the ELEVATOR E mark is limited to "beer" by Coop Ale Works, LLC. Coop does not use the ELEVATOR E mark in any form for restaurant services nor in the states designated for concurrent use by the applicant. Applicant has been using the ELEVATOR E mark in connection with beer and restaurant services since about September 1999. Registrant Coop Ale Works has been using the ELEVATOR mark for beer since about April 2013, some 14 years junior to the applicant. 5) The concurrent users are the applicant, Elevator Brewing Company LLC, 164 N. 4th St, Columbus OH 43215 and the registrant, Coop Ale Works, LLC, 4745 Council Heights Rd, Oklahoma City, OK 73139. Applicant has two pending applications: 86/821,052 and 86/820,968 for the ELEVATOR and ELEVATOR E marks. Registrant has been granted two registration related to its ELEVATOR mark: 4,602,708 and 4,602,668. For "beer" both the applicant and registrant use their respective marks on label, packaging and advertising on the internet and elsewhere. 6) No other party, other than the applicant and registrant is known to have any rights to use the ELEVATOR mark in conection with beer or restaurant services.
Description of Mark
The mark consists of the word "ELEVATOR" in blue centered over a winged lowercase "E" in blue, grey and white.
Goods and Services
Beer
Goods and Services
Restaurant services
Order restricting Scope or Claim of Registration
Registration limited to the area comprising the states of Ohio, Michigan, Pennsylvania, West Virginia, Kentucky, Indiana, Illinois and Wisconsin pursuant to Concurrent Use Proceeding No. 94002776. Concurrent registration with Registration Nos. 4602708 and 4602688.
Classification Information
International Class
032 - Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. - Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
US Class Codes
045, 046, 048
Class Status Code
6 - Active
Class Status Date
2015-11-19
Primary Code
032
First Use Anywhere Date
1999-09-00
First Use In Commerce Date
1999-09-00
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
2015-11-19
Primary Code
043
First Use Anywhere Date
1999-09-00
First Use In Commerce Date
1999-09-00
Current Trademark Owners
Party Name
Party Type
30 - Original Registrant
Legal Entity Type
16 - Limited Liability Company
Address
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Trademark Owner History
Party Name
Party Type
30 - Original Registrant
Legal Entity Type
16 - Limited Liability Company
Address
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Party Name
Party Type
20 - Owner at Publication
Legal Entity Type
16 - Limited Liability Company
Address
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Party Name
Party Type
10 - Original Applicant
Legal Entity Type
16 - Limited Liability Company
Address
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Correspondences
Name
JAMES R. ELEY
Address
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Trademark Events
Event Date | Event Description |
2015-11-19 | NEW APPLICATION ENTERED IN TRAM |
2015-11-19 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
2015-11-20 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
2016-03-09 | ASSIGNED TO EXAMINER |
2016-03-09 | NON-FINAL ACTION WRITTEN |
2016-03-09 | NON-FINAL ACTION E-MAILED |
2016-03-09 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
2016-09-09 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
2016-09-09 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2016-09-10 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2016-09-09 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
2016-10-04 | NON-FINAL ACTION WRITTEN |
2016-10-04 | NON-FINAL ACTION E-MAILED |
2016-10-04 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
2017-04-04 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
2017-04-04 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
2017-04-05 | TEAS/EMAIL CORRESPONDENCE ENTERED |
2017-05-02 | APPROVED FOR PUB - PRINCIPAL REGISTER |
2017-05-24 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
2017-06-13 | PUBLISHED FOR OPPOSITION |
2017-06-13 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
2017-09-11 | CONCURRENT USE PROC. INSTITUTED NO. 999999 |
2017-11-20 | CONCURRENT USE GRANTED NO. 999999 |
2017-12-06 | CONCURRENT USE TERMINATED NO. 999999 |
2017-12-06 | TTAB RELEASE CASE TO TRADEMARKS |
2018-01-16 | REGISTERED-PRINCIPAL REGISTER |