Serial Number | 77902861 |
Word Mark | FLYING BURRITO |
Filing Date | Wednesday, December 30, 2009 |
Status | 604 - ABANDONED - AFTER INTER-PARTES DECISION |
Status Date | Tuesday, September 18, 2012 |
Registration Number | 0000000 |
Registration Date | NOT AVAILABLE |
Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
Published for Opposition Date | Tuesday, October 19, 2010 |
In Another Form Statement | The mark was first used anywhere in a different form other than that sought to be registered at least as early as 12/31/1984 |
In Another Form Statement | The mark was first used in commerce in a different form other than that sought to be registered at least as early as 12/31/1984 |
Indication of Colors claimed | Color is not claimed as a feature of the mark. |
Concurrent Use Statement | Concurrent use information. Subject to a concurrent use proceeding with Pangaea, Inc. of 509 W. Spring Street, Fayetteville, Arkansas 72701, Applicant claims the exclusive right to use the mark in connection with restaurants in the area comprising the entire United States except for the states of Arkansas, Oklahoma, Kansas and Missouri. An exception to Applicant's claim of exclusive use is the use of the mark THE FLYING BURRITO COMPANY & Design in connection with restaurant services and take-out restaurant services in or around Fayetteville, Arkansas by Pangaea, Inc. Both Applicant and Pangea, Inc. use their respective marks on signs at or near the locations of their restaurants, on menus available at the locations of their restaurants, on internet websites and in other ways customary in the trade to promote and render restaurant services. Pangaea, Inc. is the owner of United States trademark registration no. 2917092 for the aforementioned mark for restaurant services and take-out restaurant services. Applicant's predecessor-in-interest first began using the mark FLYING BURRITO in commerce before the January 7, 2004 filing date of application, serial no. 76/568,737, which issued as registration no. 2917092. No one else except as specified in this application has the right to use the FLYING BURRITO mark. |
Disclaimer with Predetermined Text | "BURRITO" |
Description of Mark | The mark consists of the stylized wording "FLYING BURITTO" positioned inside a geometric design having a generally circular interior and a generally cross shaped exterior. |
Goods and Services | Restaurants |
International Class | 043 - Services for providing food and drink; temporary accommodations. |
US Class Codes | 100, 101 |
Class Status Code | 8 - Abandoned |
Class Status Date | Tuesday, September 18, 2012 |
Primary Code | 043 |
First Use Anywhere Date | Saturday, May 31, 2008 |
First Use In Commerce Date | Saturday, May 31, 2008 |
Party Name | FB Triangle, LLC |
Party Type | 20 - Owner at Publication |
Legal Entity Type | 16 - Limited Liability Company |
Address | Chapel Hill, NC 27514 |
Party Name | FB Triangle, LLC |
Party Type | 10 - Original Applicant |
Legal Entity Type | 16 - Limited Liability Company |
Address | Chapel Hill, NC 27514 |
Event Date | Event Description |
Tuesday, September 18, 2012 | ABANDONMENT NOTICE MAILED - INTER PARTES DECISION |
Tuesday, September 18, 2012 | ABANDONMENT - AFTER INTER PARTES DECISION |
Tuesday, September 18, 2012 | CONCURRENT USE TERMINATED NO. 999999 |
Sunday, March 6, 2011 | CONCURRENT USE PROC. INSTITUTED NO. 999999 |
Tuesday, October 19, 2010 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
Tuesday, October 19, 2010 | PUBLISHED FOR OPPOSITION |
Thursday, September 16, 2010 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
Thursday, September 16, 2010 | ASSIGNED TO LIE |
Wednesday, September 8, 2010 | APPROVED FOR PUB - PRINCIPAL REGISTER |
Tuesday, August 10, 2010 | TEAS/EMAIL CORRESPONDENCE ENTERED |
Tuesday, August 10, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
Tuesday, August 10, 2010 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
Tuesday, March 30, 2010 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
Tuesday, March 30, 2010 | NON-FINAL ACTION E-MAILED |
Tuesday, March 30, 2010 | NON-FINAL ACTION WRITTEN |
Thursday, March 25, 2010 | ASSIGNED TO EXAMINER |
Wednesday, January 6, 2010 | NOTICE OF DESIGN SEARCH CODE MAILED |
Tuesday, January 5, 2010 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
Sunday, January 3, 2010 | TEAS VOLUNTARY AMENDMENT RECEIVED |
Saturday, January 2, 2010 | NEW APPLICATION ENTERED IN TRAM |