| Serial Number | 97849430 |
| Word Mark | ESTABLISHED 1982 LEATHERBY'S FAMILY CREAMERY SACRAMENTO · CITRUS HEIGHTS · ELK GROVE · LINCOLN · FOLSOM |
| Filing Date | Tuesday, March 21, 2023 |
| Status | 688 - NOTICE OF ALLOWANCE - ISSUED |
| Status Date | Tuesday, July 2, 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, May 7, 2024 |
| Goods and Services | Ice cream; Ice cream desserts; Ice cream drinks; Ice cream floats; Ice cream sandwiches; Ice cream sundaes |
| Description of Mark | The mark consists of the stylized term "LEATHERBY'S" above the stylized phrase "FAMILY CREAMERY" all superimposed on top of a stylized depiction of ice cream in a sundae glass on a mostly circular background with a thin, shaded circular border that contains the words "ESTABLISHED 1982" centered across the top and "SACRAMENTO · CITRUS HEIGHTS · ELK GROVE· LINCOLN · FOLSOM" centered across the bottom. |
| Goods and Services | (Based on Use in Commerce) Printed menus; Stickers (Based on Intent to Use) Gift certificates being non-magnetically encoded gift cards; Paper gift cards |
| Pseudo Mark | ESTABLISHED ONE NINE EIGHT TWO LEATHERBY FAMILY CREAMERY SACRAMENTO CITRUS HEIGHTS ELK GROVE LINCOLN FOLSOM; ESTABLISHED NINETEEN EIGHTY TWO LEATHERBY FAMILY CREAMERY SACRAMENTO CITRUS HEIGHTS ELK GROVE LINCOLN FOLSOM; ESTABLISHED ONE THOUSAND NINE HUNDRED EIGHTY TWO LEATHERBY FAMILY CREAMERY SACRAMENTO CITRUS HEIGHTS ELK GROVE LINCOLN FOLSOM |
| Goods and Services | (Based on Use in Commerce) Clothing, namely, t-shirts; sweatshirts; hooded sweatshirts; hats; beanies; Baseball caps and hats; (Based on Intent to Use) Socks; Tank tops |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| NOT AVAILABLE | "ESTABLISHED 1982", "FAMILY CREAMERY", "SACRAMENTO", "CITRUS HEIGHTS", "ELK GROVE", "LINCOLN", and "FOLSOM" |
| Goods and Services | Cups and mugs; Coffee cups; Drinking cups; Drinking cups sold with lids therefor; Paper cups; Plastic cups |
| Goods and Services | Ice cream shop services in the nature of a restaurant; Restaurant services; Restaurant services, including sit-down service of food and take-out restaurant services; Restaurant services, namely, providing of food and beverages for consumption on and off the premises |
| International Class | 016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, April 12, 2023 |
| Primary Code | 016 |
| First Use Anywhere Date | Wednesday, February 1, 2023 |
| First Use In Commerce Date | Wednesday, February 1, 2023 |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. |
| US Class Codes | 002, 013, 023, 029, 030, 033, 040, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, April 12, 2023 |
| Primary Code | 021 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, April 12, 2023 |
| Primary Code | 025 |
| First Use Anywhere Date | Thursday, December 1, 2022 |
| First Use In Commerce Date | Thursday, December 1, 2022 |
| 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 | Wednesday, April 12, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, April 12, 2023 |
| Primary Code | 043 |
| First Use Anywhere Date | Thursday, December 1, 2022 |
| First Use In Commerce Date | Thursday, February 2, 2023 |
| Party Name | Leatherby's Family Creamery |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | SACRAMENTO, CA 95825 |
| Party Name | Leatherby's Family Creamery |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | SACRAMENTO, CA 95825 |
| Event Date | Event Description |
| Friday, March 24, 2023 | NEW APPLICATION ENTERED |
| Monday, December 25, 2023 | NON-FINAL ACTION E-MAILED |
| Wednesday, April 12, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, April 13, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, December 15, 2023 | ASSIGNED TO EXAMINER |
| Monday, December 25, 2023 | NON-FINAL ACTION WRITTEN |
| Monday, December 25, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, March 22, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, March 22, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, March 22, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, March 31, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, April 17, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, May 7, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, May 7, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, July 2, 2024 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |