| Serial Number | 85014860 |
| Word Mark | BYERLY'S CREATIONS DINE IN TAKE OUT |
| Filing Date | Thursday, April 15, 2010 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, June 7, 2019 |
| Registration Number | 4238113 |
| Registration Date | Tuesday, November 6, 2012 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, January 25, 2011 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "DINE IN" AND "TAKE OUT" FOR CLASS 35 |
| Description of Mark | The mark consists of the wording "BYERLY'S CREATIONS DINE IN TAKE OUT" in a stylized font and a design that consists of a stylized fork between the wording "IN" and "TAKE". |
| Goods and Services | Prepared foods, namely, vegetable salads, fruit salads, garden salads, potato salads, taco salads, antipasto salads, fire roasted rotisserie chicken, chicken wings, soups |
| Goods and Services | Prepared foods, namely, pasta salads, rice salads, sandwiches, hot dog sandwiches, hamburger sandwiches, pizza |
| Goods and Services | Retail grocery store services |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, June 7, 2019 |
| Primary Code | 029 |
| First Use Anywhere Date | Wednesday, March 31, 2010 |
| First Use In Commerce Date | Wednesday, March 31, 2010 |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, June 7, 2019 |
| Primary Code | 030 |
| First Use Anywhere Date | Wednesday, March 31, 2010 |
| First Use In Commerce Date | Wednesday, March 31, 2010 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, June 7, 2019 |
| Primary Code | 035 |
| First Use Anywhere Date | Wednesday, March 31, 2010 |
| First Use In Commerce Date | Wednesday, March 31, 2010 |
| Party Name | U.S. BANK NATIONAL ASSOCIATION |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 99 - Other |
| Address | ST. PAUL, MN 55101 |
| Party Name | Lund Food Holdings, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Edina, MN 554241204 |
| Party Name | Lund Food Holdings, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Edina, MN 554241204 |
| Party Name | Lund Food Holdings, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Edina, MN 554241204 |
| Event Date | Event Description |
| Wednesday, December 8, 2021 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Wednesday, December 8, 2021 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Wednesday, December 8, 2021 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Thursday, April 29, 2021 | ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY |
| Wednesday, July 8, 2020 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Friday, June 7, 2019 | CANCELLED SEC. 8 (6-YR) |
| Tuesday, November 6, 2012 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, October 4, 2012 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE MAILED |
| Wednesday, October 3, 2012 | LAW OFFICE REGISTRATION REVIEW COMPLETED |
| Tuesday, October 2, 2012 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Tuesday, September 11, 2012 | STATEMENT OF USE PROCESSING COMPLETE |
| Friday, September 7, 2012 | USE AMENDMENT FILED |
| Friday, September 7, 2012 | TEAS STATEMENT OF USE RECEIVED |
| Wednesday, April 18, 2012 | NOTICE OF APPROVAL OF EXTENSION REQUEST MAILED |
| Tuesday, April 17, 2012 | EXTENSION 2 GRANTED |
| Thursday, March 22, 2012 | EXTENSION 2 FILED |
| Tuesday, April 17, 2012 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Thursday, March 22, 2012 | TEAS EXTENSION RECEIVED |
| Friday, September 23, 2011 | NOTICE OF APPROVAL OF EXTENSION REQUEST MAILED |
| Wednesday, September 21, 2011 | EXTENSION 1 GRANTED |
| Wednesday, September 21, 2011 | EXTENSION 1 FILED |
| Wednesday, September 21, 2011 | TEAS EXTENSION RECEIVED |
| Tuesday, March 22, 2011 | NOA MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, January 25, 2011 | PUBLISHED FOR OPPOSITION |
| Wednesday, January 5, 2011 | NOTICE OF PUBLICATION |
| Saturday, December 18, 2010 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Saturday, December 18, 2010 | ASSIGNED TO LIE |
| Saturday, November 27, 2010 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, November 24, 2010 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, November 24, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, November 24, 2010 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, June 1, 2010 | NON-FINAL ACTION MAILED |
| Monday, May 31, 2010 | NON-FINAL ACTION WRITTEN |
| Monday, May 24, 2010 | ASSIGNED TO EXAMINER |
| Wednesday, April 21, 2010 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Tuesday, April 20, 2010 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Monday, April 19, 2010 | NEW APPLICATION ENTERED IN TRAM |