| Serial Number | 97727074 |
| Word Mark | DERBYS |
| Filing Date | Wednesday, December 21, 2022 |
| Status | 809 - SU - FINAL REFUSAL - MAILED |
| Status Date | Thursday, October 3, 2024 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 5 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, January 30, 2024 |
| Goods and Services | entertainment, namely, baseball games |
| Description of Mark | The mark consists of the stylized wording "DERBYS" on a shaded background. |
| Goods and Services | merchandise, namely, baseball helmets |
| Goods and Services | merchandise, namely, baseball bats, baseball, playing cards |
| Goods and Services | apparel, namely, shirts, pants, shorts, belts, T-shirts, polo shirts, hoodies, sweatshirts, merchandise, namely, gloves |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | restaurant services, namely, food and beverage services in a restaurant setting to include a wide variety of food selection and a wide variety of alcohol to include beer, wine and spirits |
| 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 | Tuesday, October 24, 2023 |
| Primary Code | 009 |
| First Use Anywhere Date | Wednesday, August 10, 2022 |
| First Use In Commerce Date | Wednesday, August 10, 2022 |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, January 18, 2023 |
| Primary Code | 025 |
| First Use Anywhere Date | Wednesday, August 10, 2022 |
| First Use In Commerce Date | Wednesday, August 10, 2022 |
| International Class | 028 - Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. |
| US Class Codes | 022, 023, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, October 24, 2023 |
| Primary Code | 028 |
| First Use Anywhere Date | Wednesday, August 10, 2022 |
| First Use In Commerce Date | Wednesday, August 10, 2022 |
| 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 | Wednesday, January 18, 2023 |
| Primary Code | 041 |
| First Use Anywhere Date | Wednesday, August 10, 2022 |
| First Use In Commerce Date | Wednesday, August 10, 2022 |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, January 18, 2023 |
| Primary Code | 043 |
| First Use Anywhere Date | Wednesday, August 10, 2022 |
| First Use In Commerce Date | Wednesday, August 10, 2022 |
| Party Name | DERBYS LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | FORT MYERS, FL 33913 |
| Party Name | DERBYS LLC |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | FORT MYERS, FL 33913 |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Hortense, GA 31543 |
| Event Date | Event Description |
| Wednesday, January 18, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, February 22, 2023 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Thursday, September 21, 2023 | ASSIGNED TO EXAMINER |
| Thursday, September 21, 2023 | NON-FINAL ACTION WRITTEN |
| Thursday, September 21, 2023 | NON-FINAL ACTION E-MAILED |
| Thursday, September 21, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, October 23, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, October 23, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 24, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, December 6, 2023 | FINAL REFUSAL WRITTEN |
| Wednesday, December 6, 2023 | FINAL REFUSAL E-MAILED |
| Wednesday, December 6, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, December 21, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Thursday, December 21, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, December 22, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, December 27, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, January 10, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, January 30, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, January 30, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, March 26, 2024 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Thursday, March 28, 2024 | USE AMENDMENT FILED |
| Wednesday, April 17, 2024 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Thursday, March 28, 2024 | TEAS STATEMENT OF USE RECEIVED |
| Tuesday, June 11, 2024 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, June 11, 2024 | SU - NON-FINAL ACTION - WRITTEN |
| Tuesday, August 27, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, April 18, 2024 | STATEMENT OF USE PROCESSING COMPLETE |
| Tuesday, June 11, 2024 | NON-FINAL ACTION E-MAILED |
| Thursday, October 3, 2024 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, October 3, 2024 | SU - FINAL REFUSAL - WRITTEN |
| Thursday, October 3, 2024 | FINAL REFUSAL E-MAILED |