| Serial Number | 85001182 |
| Word Mark | FAMILY THRIFT CENTER |
| Filing Date | Monday, March 29, 2010 |
| Status | 604 - ABANDONED - AFTER INTER-PARTES DECISION |
| Status Date | Monday, November 9, 2015 |
| 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, February 12, 2013 |
| Concurrent Use Statement | Applicant respectfully requests that the present application be amended to seek a concurrent use registration pursuant to 15 U.S.C. § 1052(d), 37 C.F.R. §§ 2.42 and 2.73 and TMEP § 1207.04(c) in view of the cited registration. Applicant has been using the mark FAMILY THRIFT CENTER in connection with retail stores featuring new and used clothing and new and used general consumer merchandise in International Class 35 since at least as early as May 17, 1978. Applicant seeks registration of its mark in connection with all of the services identified in its Application. It seeks to use the mark in connection with these services throughout the entire United States, except for the geographic regions of Western South Dakota and Scottsbluff, Nebraska. Applicant's mode of use is in all advertising, marketing and promotion, including signage, in connection with its services identified in the Application. 37 C.F.R. § 2.42. To the extent of Applicant's knowledge, there is one exception to its claim of exclusive use (based on the Trademark Office's position that such use is confusingly similar to the mark of the present application). The excepted use is: FAMILY THRIFT CENTER & Design The relevant service are retail grocery and general merchandise store services. The geographic area of use of this mark is Western South Dakota and Scottsbluff, Nebraska. The Registrant claims a period of use of this mark beginning at least as early as October 31, 1998. 15 U.S.C. § 1051(a)(3)(D); 37 C.F.R. § 2.42. The excepted user is Nash-Finch Company, a Delaware corporation ("Registrant"). Its address is 7600 France Avenue South, Minneapolis, Minnesota. The excepted user has been issued U.S. Trademark Registration No. 2,505,778 for the above-referenced mark, which is the cited registration upon which the Trademark Office is denying registration of Applicant's mark based on an alleged likelihood of confusion. To the best of Applicant's knowledge, the mode of use of the excepted user's mark is in connection with advertising and promotion, including signage, of a grocery store. 37 C.F.R. § 2.42. Applicant has established rights in the mark FAMILY THRIFT CENTER dating back to 1978, which far predates the Registrant's claimed October 31, 1998 date of first use and the February 19, 1999 filing date of the application that resulted in the cited registration. As a result, Applicant has superior rights in the FAMILY THRIFT CENTER mark, at least with respect to that portion of the country where Registrant is not using its mark. Further, Applicant's superior rights in the FAMILY THRIFT CENTER mark extend to Applicant's right to use and register the mark FAMILY THRIFT CENTER, which the Trademark Office considers to be confusingly similar to Registrant's mark. Pending the amendment of the present Application, Applicant will amend its verification to indicate that no one except as identified in its application has a right to use the mark. TMEP § 804.02. Accordingly, Applicant respectfully requests that its Application be amended to reflect its request for a concurrent-use registration. |
| Disclaimer with Predetermined Text | "THRIFT CENTER" |
| Goods and Services | Retail stores featuring new and used clothing and new and used general consumer merchandise |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 8 - Abandoned |
| Class Status Date | Monday, November 9, 2015 |
| Primary Code | 035 |
| First Use Anywhere Date | Wednesday, May 17, 1978 |
| First Use In Commerce Date | Wednesday, May 17, 1978 |
| Party Name | Youth Educational Services, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Houston, TX 77009 |
| Party Name | Youth Educational Services, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Houston, TX 77009 |
| Event Date | Event Description |
| Monday, November 9, 2015 | ABANDONMENT NOTICE MAILED - INTER PARTES DECISION |
| Monday, November 9, 2015 | ABANDONMENT - AFTER INTER PARTES DECISION |
| Monday, November 9, 2015 | TTAB RELEASE CASE TO TRADEMARKS |
| Monday, November 9, 2015 | CONCURRENT USE TERMINATED NO. 999999 |
| Monday, November 9, 2015 | CONCURRENT USE DISSOLVED |
| Tuesday, September 22, 2015 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| Friday, August 23, 2013 | CONCURRENT USE PROC. INSTITUTED NO. 999999 |
| Tuesday, February 12, 2013 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 12, 2013 | PUBLISHED FOR OPPOSITION |
| Wednesday, January 23, 2013 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Thursday, January 10, 2013 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, January 9, 2013 | ASSIGNED TO LIE |
| Monday, December 31, 2012 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Friday, December 14, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, December 14, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, December 6, 2012 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, September 22, 2012 | NOTIFICATION OF NOTICE OF UNRESPONSIVE AMENDMENT - E-MAILED |
| Saturday, September 22, 2012 | NOTICE OF UNRESPONSIVE AMENDMENT - E-MAILED |
| Saturday, September 22, 2012 | REPORT UNRESPONSIVE AMENDMENT - COMPLETED |
| Thursday, August 16, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, August 16, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, August 2, 2012 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, June 7, 2012 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, June 7, 2012 | NON-FINAL ACTION E-MAILED |
| Thursday, June 7, 2012 | NON-FINAL ACTION WRITTEN |
| Friday, April 13, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, April 13, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, April 13, 2012 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Thursday, October 13, 2011 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Thursday, October 13, 2011 | FINAL REFUSAL E-MAILED |
| Thursday, October 13, 2011 | FINAL REFUSAL WRITTEN |
| Tuesday, September 6, 2011 | AMENDMENT FROM APPLICANT ENTERED |
| Tuesday, September 6, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, August 29, 2011 | FAX RECEIVED |
| Thursday, July 14, 2011 | TEAS CHANGE OF CORRESPONDENCE RECEIVED |
| Monday, February 28, 2011 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, February 28, 2011 | NON-FINAL ACTION E-MAILED |
| Monday, February 28, 2011 | NON-FINAL ACTION WRITTEN |
| Tuesday, January 25, 2011 | AMENDMENT FROM APPLICANT ENTERED |
| Tuesday, January 25, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, January 19, 2011 | ASSIGNED TO LIE |
| Monday, January 10, 2011 | FAX RECEIVED |
| Friday, July 9, 2010 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, July 9, 2010 | NON-FINAL ACTION E-MAILED |
| Friday, July 9, 2010 | NON-FINAL ACTION WRITTEN |
| Sunday, June 27, 2010 | ASSIGNED TO EXAMINER |
| Friday, April 2, 2010 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Thursday, April 1, 2010 | NEW APPLICATION ENTERED IN TRAM |