| Serial Number | 97325062 |
| Word Mark | ARBY'S |
| Filing Date | Tuesday, March 22, 2022 |
| Status | 730 - FIRST EXTENSION - GRANTED |
| Status Date | Monday, September 9, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 13, 2024 |
| Goods and Services | Entertainment services, namely, providing online, non-downloadable, virtual restaurants for use in virtual environments created for entertainment purposes; entertainment services, namely, providing online, non-downloadable virtual food items and beverages for use in virtual environments created for entertainment purposes; Entertainment services, namely, providing an online virtual incentive awards program designed to reward program participants who engage in virtual reality video games, interact in virtual restaurant environments for entertainment purposes to earn reward points and virtual currency which may be used to purchase food and beverages; Entertainment services, namely, providing online, non-downloadable virtual gifts and rewards in the nature of food, beverages, clothing, and bags for use in virtual environments created for entertainment purposes; Entertainment services, namely, arranging and conducting of online and virtual concerts and other virtual special events for social entertainment purposes; Entertainment services, namely, providing an online non-downloadable virtual restaurant offering delivery of virtual food and beverage products for use in virtual environments created for entertainment purposes; entertainment services, namely, providing an online nondownloadable virtual restaurant featuring virtual food and beverages for use in virtual environments created for entertainment purposes |
| Description of Mark | The mark consists of the word "ARBY'S", written across the outline of a cowboy hat design. |
| Goods and Services | Downloadable virtual goods in the nature of image files and computer programs featuring food and beverage products for use in online virtual worlds; downloadable multimedia files containing artwork, text, audio, and video files in the field of food and beverage products, restaurants, and content promoting restaurant services authenticated by non-fungible tokens (NFTs); downloadable electronic data files featuring loyalty and reward cards for redeeming restaurant menu items; downloadable computer software, namely, software for creating non-fungible tokens (NFTs) for facilitating commercial transactions; downloadable software that allows users to access restaurant menus, locate restaurants, place food and beverage orders, pay for orders, and collect rewards |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Online retail store services featuring virtual goods, namely, food and beverages for use in online virtual worlds; Online digital retail store services featuring downloadable and non-downloadable virtual goods in the nature of food items and beverages for use in online virtual worlds; retail store services featuring virtual goods, namely, access tokens for use in online virtual worlds; conducting an incentive reward program to promote the sale of restaurant services and food and beverage products whereby individuals can earn real world and virtual rewards; administration of a consumer rewards program to promote the sale of restaurant services and food and beverage products featuring virtual rewards that can be redeemed in the real or virtual world; Providing an online virtual incentive awards program designed to reward program participants who interact with a restaurant's Internet-based content to promote a restaurant's goods and services to earn reward points and virtual currency which may be used to purchase food and beverages |
| Goods and Services | Preparation and provision of food and beverages; food preparation services for delivery or pick-up; restaurants featuring home delivery; Virtual restaurant, namely, restaurant featuring home delivery of food and beverage products; operating a virtual restaurant featuring actual goods, namely, restaurant services in the nature of providing food and drink via orders placed online |
| Goods and Services | Providing temporary use of online, non-downloadable software that gives users the ability to upload, modify and share virtual reality content, augmented reality content, mixed reality content, information, experiences and data; providing temporary use of online, non-downloadable software for purchasing, acquiring, displaying, and exchanging virtual food and beverage products for use in virtual environments; providing online, non-downloadable software for purchasing, acquiring, displaying, and exchanging multimedia files, namely, artwork, text, audio, and video files authenticated by non-fungible tokens (NFTs); providing online, non-downloadable computer software for creating non-fungible tokens (NFTs) for facilitating commercial transactions; providing temporary use of online, non-downloadable software that allows users to access restaurant menus, locate restaurants, place food and beverage orders, pay for orders, and collect rewards |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, March 28, 2022 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, March 28, 2022 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, March 28, 2022 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, June 15, 2023 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, March 28, 2022 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Arby's IP Holder, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Atlanta, GA 30328 |
| Party Name | Arby's IP Holder, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Atlanta, GA 30328 |
| Event Date | Event Description |
| Friday, March 25, 2022 | NEW APPLICATION ENTERED |
| Monday, March 28, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, March 29, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, December 27, 2022 | ASSIGNED TO EXAMINER |
| Wednesday, January 11, 2023 | NON-FINAL ACTION WRITTEN |
| Wednesday, January 11, 2023 | NON-FINAL ACTION E-MAILED |
| Wednesday, January 11, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, February 21, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, February 21, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, February 21, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, April 17, 2023 | FINAL REFUSAL WRITTEN |
| Monday, April 17, 2023 | FINAL REFUSAL E-MAILED |
| Monday, April 17, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, April 26, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Wednesday, April 26, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, April 26, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, May 18, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, May 18, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, May 18, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, May 18, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, May 18, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, May 30, 2023 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, June 12, 2023 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Thursday, June 15, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Thursday, June 15, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Thursday, June 15, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Thursday, June 15, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Thursday, June 15, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, February 13, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, January 24, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, February 13, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 9, 2024 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Monday, September 9, 2024 | SOU TEAS EXTENSION RECEIVED |
| Monday, September 9, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Monday, September 9, 2024 | SOU EXTENSION 1 GRANTED |
| Monday, September 9, 2024 | SOU EXTENSION 1 FILED |