DOG BYTE DINER Trademark

Trademark Overview


On Monday, October 31, 2016, a trademark application was filed for DOG BYTE DINER with the United States Patent and Trademark Office. The USPTO has given the DOG BYTE DINER trademark a serial number of 87221484. The federal status of this trademark filing is ABANDONED - AFTER EX PARTE APPEAL as of Tuesday, March 17, 2020. The DOG BYTE DINER trademark is filed in the Communication Services and Restaurant & Hotel Services categories with the following description:

Internet cafe services, namely, providing telecommunications connections to the internet in a cafe environment

Restaurant services
dog byte diner

General Information


Serial Number87221484
Word MarkDOG BYTE DINER
Filing DateMonday, October 31, 2016
Status603 - ABANDONED - AFTER EX PARTE APPEAL
Status DateTuesday, March 17, 2020
Registration Number0000000
Registration DateNOT AVAILABLE
Mark Drawing3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s)
Published for Opposition DateNOT AVAILABLE

Trademark Statements


Indication of Colors claimedColor is not claimed as a feature of the mark.
Disclaimer with Predetermined Text"DINER"
Description of MarkThe mark consists of The mark consists of three-dimensional configuration of the exterior of a diner. 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 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.
Goods and ServicesInternet cafe services, namely, providing telecommunications connections to the internet in a cafe environment
Goods and ServicesRestaurant services

Classification Information


International Class038 - Services allowing people to communicate with another by a sensory means.
US Class Codes100, 101, 104
Class Status Code6 - Active
Class Status DateThursday, November 3, 2016
Primary Code038
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

International Class043 - Services for providing food and drink; temporary accommodations.
US Class Codes100, 101
Class Status Code6 - Active
Class Status DateThursday, November 3, 2016
Primary Code043
First Use Anywhere DateNOT AVAILABLE
First Use In Commerce DateNOT AVAILABLE

Trademark Owner History


Party NameNOT AVAILABLE
Party Type10 - Original Applicant
Legal Entity Type01 - Individual
AddressBelmont, MA 02478

Trademark Events


Event DateEvent Description
Tuesday, March 17, 2020ABANDONMENT NOTICE MAILED - AFTER EX PARTE APPEAL
Tuesday, March 17, 2020ABANDONMENT - AFTER EX PARTE APPEAL
Tuesday, March 17, 2020EXPARTE APPEAL TERMINATED
Tuesday, January 7, 2020EXPARTE APPEAL DSMSED - FAILURE TO FILE BRIEF
Monday, January 6, 2020ASSIGNED TO EXAMINER
Sunday, April 7, 2019NOTIFICATION OF SUBSEQUENT FINAL EMAILED
Sunday, April 7, 2019SUBSEQUENT FINAL EMAILED
Sunday, April 7, 2019SUBSEQUENT FINAL REFUSAL WRITTEN
Wednesday, March 13, 2019TEAS CHANGE OF CORRESPONDENCE RECEIVED
Thursday, March 14, 2019TEAS/EMAIL CORRESPONDENCE ENTERED
Wednesday, March 13, 2019CORRESPONDENCE RECEIVED IN LAW OFFICE
Wednesday, March 13, 2019TEAS RESPONSE TO OFFICE ACTION RECEIVED
Saturday, November 17, 2018TEAS CHANGE OF CORRESPONDENCE RECEIVED
Thursday, September 13, 2018NOTIFICATION OF NON-FINAL ACTION E-MAILED
Thursday, September 13, 2018NON-FINAL ACTION E-MAILED
Thursday, September 13, 2018NON-FINAL ACTION WRITTEN
Wednesday, August 22, 2018JURISDICTION RESTORED TO EXAMINING ATTORNEY
Monday, August 20, 2018TEAS REQUEST FOR RECONSIDERATION RECEIVED
Tuesday, August 21, 2018EX PARTE APPEAL-INSTITUTED
Tuesday, August 21, 2018JURISDICTION RESTORED TO EXAMINING ATTORNEY
Tuesday, August 21, 2018EXPARTE APPEAL RECEIVED AT TTAB
Sunday, February 18, 2018NOTIFICATION OF FINAL REFUSAL EMAILED
Sunday, February 18, 2018FINAL REFUSAL E-MAILED
Sunday, February 18, 2018FINAL REFUSAL WRITTEN
Saturday, January 27, 2018TEAS/EMAIL CORRESPONDENCE ENTERED
Friday, January 26, 2018CORRESPONDENCE RECEIVED IN LAW OFFICE
Friday, January 26, 2018TEAS RESPONSE TO OFFICE ACTION RECEIVED
Wednesday, July 26, 2017NOTIFICATION OF NON-FINAL ACTION E-MAILED
Wednesday, July 26, 2017NON-FINAL ACTION E-MAILED
Wednesday, July 26, 2017NON-FINAL ACTION WRITTEN
Wednesday, July 5, 2017TEAS/EMAIL CORRESPONDENCE ENTERED
Wednesday, July 5, 2017CORRESPONDENCE RECEIVED IN LAW OFFICE
Wednesday, July 5, 2017TEAS RESPONSE TO OFFICE ACTION RECEIVED
Thursday, January 5, 2017NOTIFICATION OF NON-FINAL ACTION E-MAILED
Thursday, January 5, 2017NON-FINAL ACTION E-MAILED
Thursday, January 5, 2017NON-FINAL ACTION WRITTEN
Thursday, December 29, 2016ASSIGNED TO EXAMINER
Friday, November 4, 2016NOTICE OF DESIGN SEARCH CODE E-MAILED
Thursday, November 3, 2016NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Thursday, November 3, 2016NEW APPLICATION ENTERED IN TRAM