EARLYBIRD BREWING COMPANY Trademark
Trademark Overview
On Tuesday, November 10, 2015, a trademark application was filed for EARLYBIRD BREWING COMPANY with the United States Patent and Trademark Office. The USPTO has given the EARLYBIRD BREWING COMPANY trademark a serial number of 86814998. The federal status of this trademark filing is ABANDONED - AFTER INTER-PARTES DECISION as of Monday, October 10, 2016. This trademark is owned by Earlybird Brewing Company, LLC. The EARLYBIRD BREWING COMPANY trademark is filed in the Light Beverage Products category with the following description:
Beer
General Information
| Serial Number | 86814998 |
| Word Mark | EARLYBIRD BREWING COMPANY |
| Filing Date | Tuesday, November 10, 2015 |
| Status | 604 - ABANDONED - AFTER INTER-PARTES DECISION |
| Status Date | Monday, October 10, 2016 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | Tuesday, May 24, 2016 |
Trademark Statements
| Concurrent Use Statement | Concurrent use information. Applicant asserts the right to Concurrent Use. The trademark relevant to concurrent use is EARLY BIRD SPECIAL, registration # 4747857. This registration is owned by Aardwolf Brewing Company, LLC at 1461 Hendricks Ave., Jacksonville, FL 32207. Aardwolf Brewing Company currently uses the mark in question in the Jacksonville, FL area. The mark is registered for use on Beer and is registered for classes: IC 32/US 45, 46, and 48. Registrant first used the mark in commerce on March 20, 2014; however, they did not file for registration until October 15, 2014. Applicant, Earlybird Brewing Company, first used their mark, EARLYBIRD BREWING COMPANY, in commerce on or around May 1, 2014. This date of first use is prior to Registrant's earliest filing date; thus, Applicant has jurisdiction for Concurrent Use under 15 U.S.C. 1052(d)(1). Applicant currently uses the mark in Ohio and seeks registration for a limited geographic scope that accounts for natural expansion, particularly the Midwest and Northeast United States. Applicant seeks no right to use their mark in Registrant's current geographic scope of use. |
| Concurrent Use Statement | Applicant claims the exclusive right to use the mark in the area comprising the states of Ohio, Michigan, Indiana, Kentucky, West Virginia, Pennsylvania, Wisconscin, Illinois, Minnesota, New York, Vermont, New Hampshire, Maine, Massachusetts, Rhode Island, Connecticut, New Jersey, and Delaware. |
| Disclaimer with Predetermined Text | "BREWING" OR "COMPANY" |
| Goods and Services | Beer |
Classification Information
| 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 | 8 - Abandoned |
| Class Status Date | Monday, October 10, 2016 |
| Primary Code | 032 |
| First Use Anywhere Date | Sunday, December 1, 2013 |
| First Use In Commerce Date | Thursday, May 1, 2014 |
Trademark Owner History
| Party Name | Earlybird Brewing Company, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Cleveland, OH 44109 |
| Party Name | Earlybird Brewing Company, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Cleveland, OH 44109 |
Trademark Events
| Event Date | Event Description |
| Tuesday, October 11, 2016 | ABANDONMENT NOTICE MAILED - INTER PARTES DECISION |
| Monday, October 10, 2016 | ABANDONMENT - AFTER INTER PARTES DECISION |
| Monday, October 10, 2016 | CONCURRENT USE TERMINATED NO. 999999 |
| Monday, October 10, 2016 | CONCURRENT USE DISSOLVED |
| Saturday, October 8, 2016 | CONCURRENT USE PROC. INSTITUTED NO. 999999 |
| Tuesday, May 24, 2016 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, May 24, 2016 | PUBLISHED FOR OPPOSITION |
| Wednesday, May 4, 2016 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, April 14, 2016 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, March 30, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, March 29, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, March 29, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, March 10, 2016 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, March 10, 2016 | NON-FINAL ACTION E-MAILED |
| Thursday, March 10, 2016 | NON-FINAL ACTION WRITTEN |
| Thursday, March 3, 2016 | ASSIGNED TO EXAMINER |
| Friday, November 13, 2015 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Friday, November 13, 2015 | NEW APPLICATION ENTERED IN TRAM |
