| Serial Number | 78872402 |
| Word Mark | 45 RUDY! RUDY! PRESENTS FLYING COLORS BLACK CHERRY VITAMIN PACKED LOW IN SUGAR GREAT TASTING |
| Filing Date | Friday, April 28, 2006 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Monday, June 9, 2008 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, September 25, 2007 |
| Indication of Colors claimed | The color(s) red, pink, black, white, yellow, blue and green are is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "Black Cherry Vitamin Packed Low In Sugar Great Tasting" |
| Description of Mark | The mark consists of the colors red and pink appear as a striped background design, with a design of a football player in red, pink and white wearing number "45" in white imposed over a blue and black banner with the word "RUDY!" on either side of the football player in yellow and red, over the wording "PRESENTS" in white on a pink banner, and "FLYING COLORS' in yellow and outlined in pink, over white and pink wings, with the wording "BLACK" in blue with pink outline and "CHERRY" in pink below, over a yellow star design, in a white wing design, all above a design of pink cherries with black stems and green leaves, and white and blue clouds, with stars containing the wording "VITAMIN PACKED," "LOW IN SUGAR" and "GREAT TASTING" in white with pink outlines, over yellow stars and pink circles. |
| Goods and Services | vitamin and nutritionally fortified beverages |
| Name/Portrait Description and/or Consent Statement | The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual. |
| International Class | 005 - Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
| US Class Codes | 006, 018, 044, 046, 051, 052 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, May 4, 2006 |
| Primary Code | 005 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Eon Beverage, Group, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Bedford, TX 76021 |
| Party Name | Eon Beverage, Group, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Bedford, TX 76021 |
| Event Date | Event Description |
| Friday, June 27, 2008 | UNDELIVERABLE MAIL - NO ACTION TAKEN |
| Tuesday, June 10, 2008 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Monday, June 9, 2008 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Friday, June 6, 2008 | ASSIGNED TO EXAMINER |
| Monday, December 31, 2007 | UNDELIVERABLE MAIL - NO ACTION TAKEN |
| Wednesday, November 7, 2007 | NON-FINAL ACTION MAILED |
| Wednesday, November 7, 2007 | NON-FINAL ACTION WRITTEN |
| Tuesday, November 6, 2007 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, November 6, 2007 | WITHDRAWN FROM ISSUE - MANAGING ATTORNEY REQUEST |
| Tuesday, September 25, 2007 | PUBLISHED FOR OPPOSITION |
| Thursday, September 13, 2007 | WITHDRAWAL OF ATTORNEY GRANTED |
| Thursday, September 13, 2007 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED |
| Wednesday, September 5, 2007 | NOTICE OF PUBLICATION |
| Wednesday, August 22, 2007 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, August 22, 2007 | ASSIGNED TO LIE |
| Tuesday, July 10, 2007 | EXAMINERS AMENDMENT MAILED |
| Monday, July 9, 2007 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, July 9, 2007 | EXAMINER'S AMENDMENT ENTERED |
| Monday, July 9, 2007 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, June 28, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, June 26, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, June 26, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, June 26, 2007 | PETITION TO REVIVE-GRANTED |
| Tuesday, June 26, 2007 | TEAS PETITION TO REVIVE RECEIVED |
| Tuesday, June 26, 2007 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Tuesday, June 26, 2007 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, May 30, 2007 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Tuesday, May 29, 2007 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Wednesday, February 28, 2007 | WITHDRAWAL OF ATTORNEY GRANTED |
| Wednesday, February 28, 2007 | TEAS WITHDRAWAL OF ATTORNEY RECEIVED |
| Tuesday, October 31, 2006 | NON-FINAL ACTION MAILED |
| Monday, October 30, 2006 | NON-FINAL ACTION WRITTEN |
| Friday, September 29, 2006 | ASSIGNED TO EXAMINER |
| Friday, May 5, 2006 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Thursday, May 4, 2006 | NEW APPLICATION ENTERED IN TRAM |