| Serial Number | 97330776 |
| Word Mark | ERNIES BAKERY SANDWICH SHOP AND DELI FOUDED IN WEST YELLOWSTONE, MONTANA |
| Filing Date | Friday, March 25, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, May 2, 2023 |
| Registration Number | 7042081 |
| Registration Date | Tuesday, May 2, 2023 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, February 14, 2023 |
| Description of Mark | The mark consists of the word "ERNIE'S" in maroon uppercase outlined in black in the middle with the word "BAKERY" in maroon capital letters below as well as the words "SANDWICH SHOP & DELI" under, in maroon lowercase except for the first letter of each word. The word "ERNIE'S" is placed in a rectangle shape with curved corners. On top of the letter "E" before the apostrophe is a drawing of a moose and above the letters "E", "R" and "N" that start the word "ERNIE'S" are drawings of three pine trees. The background of the entire logo, encompassing the words "BAKERY" and "SANDWICH SHOP &DELI" is a large circle. Within this thin maroon circle is a smaller solid maroon circle and within that circle is a light beige circle. On the top of the outside circles are the words "FOUNDED IN WEST YELLOWSTONE, MONTANA" in light beige capital letters. The background of the logo is a thin outlined maroon circle. Inside this circle is a wider white circle. Within this white circle is a wider maroon circle which is then colored light beige. In the middle of all the circle and wider than the diameter of the thin maroon outlined circle, is a rectangle with curved angles. The rectangular shape is outlined in maroon and filled in beige. Within the rectangular shape in the word "ERNIE'S" in bold maroon capital letters, outlined in black and with black shadows to the right of each letter and apostrophe. Centered and below the rectangular shape is the word "BAKERY" in a lower font size than "ERNIE'S", capital letters, marron color with black outlines. Following the bottom angle of the inner beige circle and right above the wider maroon circle are the words "SANDWICH SHOP & DELI" in the same font size as "BAKERY", in maroon with black outlines but in all lower case except for the first letter of each word. Above the rectangular shape and standing on the maroon outline right above the letters "E" "R" and "N" of the word "ERNIE'S" are drawings of three pine trees with all of them outlined in beige and filled in black. The middle one being the biggest and going over the thin outlined maroon circle, followed by the one on the left also going over the thin outlined maroon circle and lastly, the one on the right being the smallest and staying within the inner light beige circle of the background. To the right of the rectangular shape, overlapping the outline and being placed right above the letters "I" and "E" of "ERNIE'S" is a drawing of a moose outlined in beige and filled in black. Finally, at the very top of the thin outlined circle, following the angle of the circle and starting at the right of the tallest pine tree overlapping that thin outlined circle, are the words "FOUNDED IN WEST YELLOWSTONE, MONTANA" in light beige capital letters. The font is different than the one used for the other words used in the logo, the letters are thinner, and the font size is slightly smaller than the one used for the word "BAKERY". |
| Indication of Colors claimed | The color(s) black, beige, light beige, and maroon is/are claimed as a feature of the mark. |
| Goods and Services | Franchising, namely, offering business management assistance in the establishment and/or operation of a deli and bakery shop offering sandwiches and lunch boxes |
| Disclaimer with Predetermined Text | "BAKERY SANDWICH SHOP AND DELI FOUNDED IN WEST YELLOWSTONE, MONTANA" |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, March 30, 2022 |
| Primary Code | 035 |
| First Use Anywhere Date | Friday, March 25, 2022 |
| First Use In Commerce Date | Friday, March 25, 2022 |
| Party Name | ERNIES FRANCHISE LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | West Yellowstone, MT 59758 |
| Party Name | ERNIES FRANCHISE LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | West Yellowstone, MT 59758 |
| Party Name | ERNIES FRANCHISE LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | West Yellowstone, MT 59758 |
| Event Date | Event Description |
| Tuesday, May 2, 2023 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, May 2, 2023 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, February 14, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 14, 2023 | PUBLISHED FOR OPPOSITION |
| Wednesday, January 25, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, January 11, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, January 11, 2023 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, January 11, 2023 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, January 11, 2023 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, January 11, 2023 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, January 10, 2023 | ASSIGNED TO EXAMINER |
| Thursday, March 31, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, March 30, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, March 29, 2022 | NEW APPLICATION ENTERED |