| Serial Number | 87718316 |
| Word Mark | EL NOPALITO TORTILLA FACTORY ESTABLISHED 1983 |
| Filing Date | Tuesday, December 12, 2017 |
| Status | 748 - STATEMENT OF USE - TO EXAMINER |
| Status Date | Friday, June 14, 2024 |
| 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 | Tuesday, February 27, 2024 |
| Goods and Services | Sauces; Salsas; Chili powders; Condiments, namely, hot sauce, chili sauce, chipotle sauce and salsa; Tacos; Taco chips; Tortillas; Tortilla chips; Corn chips; Spices; Tamales; Marinades; Dry seasoning mixes; Dry carne-asada seasoning mixes; Dry polla-asado seasoning mixes; none of the foregoing including cactus |
| Description of Mark | The mark consists of a black shaded circle with a white zig-zag inner outline and red zig-zag outside outline. Inside the black shaded circle arched at the top is "EL NOPALITO" and arched at the bottom is "TORTILLA FACTORY", each in large white stylized font. Separating "EL NOPALITO" and "TORTILLA FACTORY" are two large red shaded stars. Within the black shaded circle is a yellow shaded circle with a zig-zag border and the words "-ESTABLISHED 1983-" in black stylized font arched at the top of the yellow shaded circle above a design of a green cactus with black shading and black colored thorns. |
| Goods and Services | Guacamole; Dips; Processed vegetables, namely, hot carrots; Pickles; Powders, namely, dried vegetables in powder form; Chile con queso; none of the foregoing including cactus |
| Pseudo Mark | EL NOPALITO TORTILLA FACTORY ESTABLISHED NINETEEN EIGHTY THREE |
| Indication of Colors claimed | The color(s) black, white, red, yellow, and green is/are claimed as a feature of the mark. |
| Goods and Services | Retail and online retail grocery store and liquor store services featuring home delivery services; Retail and online retail markets featuring salsa, tacos, and tortillas, also featuring home delivery services; none of the foregoing including cactus |
| Translation of Words in Mark | The English translation of "El Nopalito" in the mark is "the little prickly pear cactus". |
| NOT AVAILABLE | "ESTABLISHED 1983" AND "TORTILLA FACTORY" |
| Goods and Services | Restaurant, café, and cocktail lounge services; Bar services; Take-out restaurant services; Catering services and restaurants featuring home delivery; Restaurant services, namely, providing food and beverages for consumption on and off the premises; none of the foregoing including cactus |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 22, 2017 |
| Primary Code | 029 |
| First Use Anywhere Date | Tuesday, July 11, 2017 |
| First Use In Commerce Date | Tuesday, July 11, 2017 |
| International Class | 030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 22, 2017 |
| Primary Code | 030 |
| First Use Anywhere Date | Tuesday, July 11, 2017 |
| First Use In Commerce Date | Tuesday, July 11, 2017 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 22, 2017 |
| Primary Code | 035 |
| First Use Anywhere Date | Tuesday, July 11, 2017 |
| First Use In Commerce Date | Tuesday, July 11, 2017 |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 22, 2017 |
| Primary Code | 043 |
| First Use Anywhere Date | Tuesday, July 11, 2017 |
| First Use In Commerce Date | Tuesday, July 11, 2017 |
| Party Name | El Nopalito, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Encinitas, CA 92024 |
| Party Name | El Nopalito, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Encinitas, CA 92024 |
| Event Date | Event Description |
| Friday, December 15, 2017 | NEW APPLICATION ENTERED |
| Friday, December 22, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, December 23, 2017 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, March 22, 2018 | ASSIGNED TO EXAMINER |
| Monday, April 9, 2018 | NON-FINAL ACTION WRITTEN |
| Monday, April 9, 2018 | NON-FINAL ACTION E-MAILED |
| Monday, April 9, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, June 25, 2018 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Tuesday, October 9, 2018 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, October 9, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, October 10, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, November 26, 2018 | SUSPENSION LETTER WRITTEN |
| Monday, November 26, 2018 | LETTER OF SUSPENSION E-MAILED |
| Monday, November 26, 2018 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Friday, June 14, 2019 | ASSIGNED TO LIE |
| Friday, June 14, 2019 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Tuesday, December 17, 2019 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Tuesday, June 30, 2020 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Friday, January 29, 2021 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Thursday, September 9, 2021 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Wednesday, May 4, 2022 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Friday, June 3, 2022 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Wednesday, June 22, 2022 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Thursday, August 4, 2022 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Wednesday, March 22, 2023 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Wednesday, April 19, 2023 | NON-FINAL ACTION WRITTEN |
| Wednesday, April 19, 2023 | NON-FINAL ACTION E-MAILED |
| Wednesday, April 19, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, July 19, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, July 19, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, July 20, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, September 4, 2023 | FINAL REFUSAL WRITTEN |
| Monday, September 4, 2023 | FINAL REFUSAL E-MAILED |
| Monday, September 4, 2023 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, November 30, 2023 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| Thursday, November 30, 2023 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |
| Friday, January 19, 2024 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Friday, January 19, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Saturday, January 20, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Sunday, January 21, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 7, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, February 7, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 27, 2024 | PUBLISHED FOR OPPOSITION |
| Monday, March 4, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, April 23, 2024 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Thursday, May 9, 2024 | USE AMENDMENT FILED |
| Thursday, May 9, 2024 | TEAS STATEMENT OF USE RECEIVED |
| Thursday, June 13, 2024 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Friday, June 14, 2024 | STATEMENT OF USE PROCESSING COMPLETE |