| Serial Number | 86018083 |
| Word Mark | D LUSH |
| Filing Date | Tuesday, July 23, 2013 |
| Status | 603 - ABANDONED - AFTER EX PARTE APPEAL |
| Status Date | Wednesday, April 22, 2015 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 5000 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | NOT AVAILABLE |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Description of Mark | The mark consists of "Dlush" written in a Futura font with a raised dot in between the "D" and the "l". |
| Goods and Services | Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic shirts; Baseball caps and hats; Clothing for babies, toddlers and children, treated with fire and heat retardants, namely, pajamas, jackets, shirts, pants, jumpers; Hats; Hats for infants, babies, toddlers and children; Hooded sweat shirts; Long-sleeved shirts; Open-necked shirts; Shirt fronts; Shirts; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Sweat shirts; T-shirts; Tee shirts |
| Goods and Services | Beverages consisting principally of milk; Beverages having a milk base; Beverages made with yoghurt; Dairy-based beverages; Dairy-based chocolate food beverages; Dairy-based food beverages; Dairy-based food beverages also containing cocoa; Fruit-based food beverage; Milk based beverages containing fruit juice; Milk beverages containing fruits; Milk beverages with high milk content; Milk-based beverage containing coffee; Milk-based beverages containing milk concentrates, vegetable oil and added nutrients; Milk-based beverages with chocolate; Milk-based beverages with high milk content; Peanut-based food beverages; Soy-based food beverage used as a milk substitute; Yogurt-based beverages |
| Goods and Services | Beverages made of coffee; Beverages made of tea; Beverages with a chocolate base; Beverages with a coffee base; Beverages with a tea base; Chocolate-based beverages; Chocolate-based beverages with milk; Coffee based beverages; Coffee beverages with milk; Coffee-based beverage containing milk; Coffee-based beverages; Coffee-based iced beverages; Tea-based beverages; Tea-based beverages with fruit flavoring; Tea-based iced beverages |
| Goods and Services | Apple juice beverages; Beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements; Frozen carbonated beverages; Frozen fruit beverages; Frozen fruit-based beverages; Fruit beverages; Fruit-based beverages; Fruit-flavored beverages; Fruit-flavoured beverages; Iced fruit beverages; Non-alcoholic beverages containing fruit juices; Non-alcoholic beverages with tea flavor; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic fruit juice beverages; Non-alcoholic honey-based beverages; Non-alcoholic malt beverage; Non-carbonated, non-alcoholic frozen flavored beverages; Orange juice beverages; Pineapple juice beverages; Smoothies; Whey beverages |
| Goods and Services | Fast-food restaurant services; Preparation of food and beverages; Restaurant and cafe services; Restaurant services; Restaurant services, namely, providing of food and beverages for consumption on and off the premises; Take-out restaurant services |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Monday, July 29, 2013 |
| Primary Code | 025 |
| First Use Anywhere Date | Thursday, June 28, 2001 |
| First Use In Commerce Date | Thursday, June 28, 2001 |
| 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 | 6 - Active |
| Class Status Date | Monday, July 29, 2013 |
| Primary Code | 029 |
| First Use Anywhere Date | Thursday, June 28, 2001 |
| First Use In Commerce Date | Thursday, June 28, 2001 |
| 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 | 6 - Active |
| Class Status Date | Monday, July 29, 2013 |
| Primary Code | 030 |
| First Use Anywhere Date | Thursday, June 28, 2001 |
| First Use In Commerce Date | Thursday, June 28, 2001 |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic 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 | Monday, July 29, 2013 |
| Primary Code | 032 |
| First Use Anywhere Date | Thursday, June 28, 2001 |
| First Use In Commerce Date | Thursday, June 28, 2001 |
| 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, July 29, 2013 |
| Primary Code | 043 |
| First Use Anywhere Date | Thursday, June 28, 2001 |
| First Use In Commerce Date | Thursday, June 28, 2001 |
| Party Name | Dlush, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | San Diego, CA 92122 |
| Event Date | Event Description |
| Thursday, April 23, 2015 | ABANDONMENT NOTICE MAILED - AFTER EX PARTE APPEAL |
| Wednesday, April 22, 2015 | ABANDONMENT - AFTER EX PARTE APPEAL |
| Wednesday, April 22, 2015 | EXPARTE APPEAL TERMINATED |
| Friday, March 13, 2015 | EXPARTE APPEAL DSMSED - FAILURE TO FILE BRIEF |
| Tuesday, December 30, 2014 | EX PARTE APPEAL-INSTITUTED |
| Tuesday, December 30, 2014 | EXPARTE APPEAL RECEIVED AT TTAB |
| Monday, June 30, 2014 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Monday, June 30, 2014 | FINAL REFUSAL E-MAILED |
| Monday, June 30, 2014 | FINAL REFUSAL WRITTEN |
| Monday, June 9, 2014 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, June 9, 2014 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, May 23, 2014 | ASSIGNED TO LIE |
| Monday, May 12, 2014 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, May 7, 2014 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, May 7, 2014 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, November 12, 2013 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, November 12, 2013 | NON-FINAL ACTION E-MAILED |
| Tuesday, November 12, 2013 | NON-FINAL ACTION WRITTEN |
| Tuesday, November 5, 2013 | ASSIGNED TO EXAMINER |
| Monday, July 29, 2013 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Friday, July 26, 2013 | NEW APPLICATION ENTERED IN TRAM |