| Serial Number | 85495934 |
| Word Mark | DOG BYTE DINER |
| Filing Date | Thursday, December 15, 2011 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Tuesday, July 19, 2016 |
| 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 | NOT AVAILABLE |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Internet cafe services, namely, providing telecommunications connections to the internet in a cafe environment |
| Pseudo Mark | DOG BITE DINER |
| Goods and Services | Restaurant services |
| Description of Mark | The mark consists of three-dimensional trade dress depicting the exterior of a diner restaurant. The main structure of the diner consists of a rectangular and horizontally situated interior dining area. A perpendicularly situated rectangular exterior concession and bar area is attached to the center of the horizontal and main dining area. The perpendicular element has a conically shaped bar element attached to its rectangular, free standing end. Attached to the bar is a pipe-like foot support. One roof of identical elevation forms the tops the main and perpendicular structures. The roofline is rounded with illumination framing along the top of the diner. A classic Corvette brand motor car is located on the roof of the perpendicular element. The exterior of the diner consists of stainless steel panels that are located along the bottom of the diner under the windows. The diner entrance is comprised of a set of double doors located where the perpendicular element meets the main dining area. A set of bleachers, comprised of three sitting benches and two foot treads are situated perpendicularly to the left front corner of the main seating area and face the perpendicular concession and bar area. A sign and sign holder are located to the front right of the diner. The sign is comprised of a stylized depiction of a dog head wearing sunglasses with lightning bolts on each lens and holding a hotdog in its mouth. This design is located under the stylized wording "DOG BYTE DINER". The sign post is comprised of a tall polygon element that is narrower at the bottom and wider at the top and contains four stacked holes, an arrow at the top left, and an extension arm to the right. The sign is attached to the top of the right extension arm. |
| NOT AVAILABLE | "DINER" |
| International Class | 038 - Services allowing people to communicate with another by a sensory means. |
| US Class Codes | 100, 101, 104 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, December 22, 2011 |
| Primary Code | 038 |
| 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 | Thursday, December 22, 2011 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Belmont, MA 02478 US |
| Event Date | Event Description |
| Monday, December 19, 2011 | NEW APPLICATION ENTERED |
| Thursday, December 22, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, December 23, 2011 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Saturday, March 24, 2012 | ASSIGNED TO EXAMINER |
| Wednesday, April 4, 2012 | SUSPENSION LETTER WRITTEN |
| Wednesday, April 4, 2012 | LETTER OF SUSPENSION E-MAILED |
| Wednesday, April 4, 2012 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Tuesday, April 24, 2012 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Thursday, October 4, 2012 | ASSIGNED TO LIE |
| Thursday, October 4, 2012 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Thursday, April 4, 2013 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Friday, October 4, 2013 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Monday, April 7, 2014 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Monday, June 30, 2014 | ASSIGNED TO EXAMINER |
| Friday, October 17, 2014 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Friday, November 7, 2014 | NON-FINAL ACTION WRITTEN |
| Friday, November 7, 2014 | NON-FINAL ACTION E-MAILED |
| Friday, November 7, 2014 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, May 7, 2015 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, May 8, 2015 | TEAS PETITION TO REVIVE RECEIVED |
| Friday, May 8, 2015 | PETITION TO REVIVE-GRANTED |
| Friday, May 8, 2015 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, May 7, 2015 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, May 8, 2015 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, May 8, 2015 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, May 8, 2015 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, May 8, 2015 | NOTICE OF REVIVAL - E-MAILED |
| Friday, May 29, 2015 | NON-FINAL ACTION WRITTEN |
| Friday, May 29, 2015 | NON-FINAL ACTION E-MAILED |
| Friday, May 29, 2015 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, November 30, 2015 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, December 1, 2015 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 1, 2015 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, November 30, 2015 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 1, 2015 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, December 22, 2015 | FINAL REFUSAL WRITTEN |
| Tuesday, December 22, 2015 | FINAL REFUSAL E-MAILED |
| Tuesday, December 22, 2015 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, July 19, 2016 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Tuesday, July 19, 2016 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |