| Serial Number | 97071168 |
| Word Mark | EARLYBIRD BREAKFAST BURRITOS |
| Filing Date | Tuesday, October 12, 2021 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, July 2, 2024 |
| Registration Number | 7431278 |
| Registration Date | Tuesday, July 2, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, April 16, 2024 |
| Description of Mark | The mark consists of the wording "EARLYBIRD BREAKFAST BURRITOS" wherein "BREAKFAST BURRITOS" is in orange stylized font and wherein "EARLYBIRD" is in black stylized font, except for the letter "I" in "EARLYBIRD" which has been replaced with a stylized drawing of a yellow burrito in an upright position, with orange filling at the top of the burrito. There is also an orange outline of an upper and back portion of bird's profile over the letters "RD" at the end of "EARLYBIRD". All white in the drawing represents transparent background space that is not claimed as a feature of the mark. |
| Pseudo Mark | EARLY BIRD BREAKFAST BURRITOS |
| Indication of Colors claimed | The color(s) black, yellow, and orange is/are claimed as a feature of the mark. |
| NOT AVAILABLE | "BREAKFAST BURRITOS" |
| Goods and Services | Restaurant services; Restaurant and bar services, including restaurant carryout services |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, November 2, 2021 |
| Primary Code | 043 |
| First Use Anywhere Date | Friday, January 1, 2021 |
| First Use In Commerce Date | Friday, January 1, 2021 |
| Party Name | APEX RESTAURANTS, LLC |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | SAN DIEGO, CA 92101 |
| Party Name | Slater's Enterprises, LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | San Diego, CA 92101 |
| Party Name | Slater's Enterprises, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | San Diego, CA 92101 |
| Party Name | Slater's Enterprises, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | San Diego, CA 92101 |
| Event Date | Event Description |
| Friday, October 15, 2021 | NEW APPLICATION ENTERED |
| Tuesday, November 2, 2021 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, November 3, 2021 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, July 15, 2022 | ASSIGNED TO EXAMINER |
| Wednesday, July 20, 2022 | NON-FINAL ACTION WRITTEN |
| Wednesday, July 20, 2022 | NON-FINAL ACTION E-MAILED |
| Wednesday, July 20, 2022 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, January 19, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, January 19, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, January 19, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, February 8, 2023 | FINAL REFUSAL WRITTEN |
| Wednesday, February 8, 2023 | FINAL REFUSAL E-MAILED |
| Wednesday, February 8, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Tuesday, April 11, 2023 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| Tuesday, April 11, 2023 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |
| Monday, July 31, 2023 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, July 31, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, July 31, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, August 2, 2023 | EXPARTE APPEAL RECEIVED AT TTAB |
| Wednesday, August 2, 2023 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Wednesday, August 2, 2023 | EX PARTE APPEAL-INSTITUTED |
| Wednesday, August 16, 2023 | SUSPENSION LETTER WRITTEN |
| Wednesday, August 16, 2023 | LETTER OF SUSPENSION E-MAILED |
| Wednesday, August 16, 2023 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Friday, February 9, 2024 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Friday, February 16, 2024 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Monday, March 11, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, March 11, 2024 | EXPARTE APPEAL TERMINATED |
| Wednesday, March 27, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, April 16, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 16, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, July 2, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, July 2, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Wednesday, October 23, 2024 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |