| Serial Number | 98080474 |
| Word Mark | FOURTH AVENUE SMOOTHIES, JUICES, BOWLS |
| Filing Date | Tuesday, July 11, 2023 |
| Status | 686 - PUBLISHED FOR OPPOSITION |
| Status Date | Tuesday, May 28, 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 28, 2024 |
| Goods and Services | Coffee; Tea; Coffee and coffee substitutes; Coffee and artificial coffee; Coffee based beverages; Coffee based drinks; Coffee beans; Coffee capsules containing coffee for brewing; Coffee capsules, filled; Coffee drinks; Coffee essences; Coffee essences for use as substitutes for coffee; Coffee extracts; Coffee extracts for use as substitutes for coffee; Coffee pods, filled; Coffee, tea, cocoa and artificial coffee; Coffee-based beverages; Coffee-based drinks; Ice-cream; Ice-cream cakes; Ice-cream-based snack foods; Ice cream; Ice cream bars; Ice cream desserts; Ice cream drinks; Ice cream floats; Ice cream gateaux; Ice cream infused with alcohol; Ice cream mixes; Ice cream powder; Ice cream rolls; Ice cream sandwiches; Ice cream substitute; Ice cream substitute based on general popular ice cream flavors; Ice cream sundaes; Ice creams; Ices and ice creams; Pressed sweets (Dasik); Tea bags; Tea based beverages; Tea cakes; Tea extracts; Tea for infusions; Tea of parched powder of barley with husk (mugi-cha); Tea of salty kelp powder (kombu-cha); Tea pods, filled; Tea substitutes; Tea-based beverages; Tea-based beverages also containing flavors and other ingredients; Tea-based beverages containing boba; Tea-based beverages with fruit flavoring; Tea-based beverages with milk; Tea-based iced beverages; Tea-based milk tea; Acai ice cream; Acanthopanax tea (Ogapicha); Aromatic teas, other than for medicinal use; Artificial coffee; Artificial coffee and tea; Avocado-based ice cream substitute; Barley coffee; Barley tea; Barley-leaf tea; Beverages made of tea; Beverages with tea base; Beverages with a tea base; Black tea; Brewed coffee; Brown rice tea; Bubble tea; Buckwheat tea; Butterfly pea flower tea; Caffeine-free coffee; Candy toppings for ice cream and other items; Caramel topping for ice cream; Chai tea; Chamomile tea; Chinese matrimony vine tea (Gugijacha); Chocolate bark containing ground coffee beans; Chocolate covered roasted coffee beans; Citron tea; Cocoa tea; Coffee and tea; Coffee cherry tea; Coffee-based beverages containing ice cream (affogato); Cones for ice cream; Crystallized lemon juice for use as a seasoning; Decaffeinated coffee; Disposable cups with a tea-filled pouch ultrasonically welded to one side of the bottom of the cup, which allows the natural fiber pouch to float near the bottom; Dough-enrobed foods consisting of a dough-based wrapper with fillings consisting primarily of ice cream and other dairy-based desserts; Earl Grey tea; Fermented tea; Flavourings of tea, other than essential oils, for food or beverages; Flowers or leaves for use as tea substitutes; Frozen coffee drinks; Frozen juice bars; Frozen confectionery containing ice cream; Fruit ice creams; Fruit teas; Ginger tea; Ginseng tea; Gluten-free desserts, namely, general popular ice cream flavors and other items; Green coffee; Green coffee beans in the nature of unroasted coffee beans; Green tea; Ground coffee; Ground coffee beans; Herb tea; Herb teas; Herbal tea; Herbal tea, other than for medicinal use; Herbal teas; Herbal teas, other than for medicinal use; Iced coffee; Iced tea; Instant coffee; Instant tea; Instant black tea; Instant green tea; Instant Oolong tea; Instant white tea; Japanese green tea; Jasmine tea; Kelp tea; Kits comprised of ingredients for making ice cream; Kombucha tea; Lime tea; Lime blossom tea; Mixes for making tea; Mixes for making flavor tea; Mixes in the nature of concentrates, syrups or powders used in the preparation of tea based beverages; Non-medicinal tea made from sage leaves; Oolong tea; Peppermint tea; Powders for making ice cream; Powders for making iced tea; Prepared coffee and coffee-based beverages; Processed tea leaves; Protein-enriched coffee; Red ginseng tea; Roasted coffee beans; Roasted barley tea; Roasted brown rice tea; Rooibos tea; Rose hip tea; Rosemary tea; Sage tea; Soy-based ice cream substitute; Soya-based ice cream substitutes; Sparkling tea; Starch-based binding agents for ice cream; Sugar-coated coffee beans; Syrups for making tea; Theine-free tea; Theine-free tea sweetened with sweeteners; Theine-free tea with added sweeteners; Tieguanyin tea; Unrefined sugar, namely, evaporated sugar cane juice; Unroasted coffee; Vegan ice cream; White tea; White lotus tea (Baengnyeoncha); Yellow tea; Yuja-cha (Korean honey citron tea) |
| Description of Mark | The mark consists of FOURTH AVENUE LOGO. |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| NOT AVAILABLE | SMOOTHIES, JUICES, BOWLS |
| Goods and Services | Cafe and cafeteria services; Cafe and snack-bar services; Cafe services; Café; Café services; Café-restaurants; Cafés; Coffee bars; Coffee shop services; Coffee shops; Coffee-house and snack-bar services; Ice cream catering services; Ice cream parlors; Ice cream shop services in the nature of a restaurant; Juice bar services; Restaurant services; Restaurant services featuring sandwiches; Restaurant services featuring smoothie bar services; cold press juice services; coffee café services; and other items; Restaurant services provided in food halls; 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; Restaurant and bar services; Restaurant and bar services, including restaurant carryout services; Restaurant and bar information services; Restaurant and cafe services; Restaurant and café services; Restaurant and catering services; Restaurant information services; Restaurant reservation services; Restaurant, bar and catering services; Tea bars; Tea rooms; Tea shops; Agency services for reservation of restaurants; Bar and restaurant services; Bar services featuring smoothies; cold press juices; coffee; tea; ice cream; and other items; Bubble tea shops; Cafe and restaurant services; Cafe, cafeteria and restaurant services; Cafe-restaurant and cafeteria services; Cafeteria and restaurant services; Café and restaurant services; Coffee and juice bar services; Coffee and tea bars; Delicatessen services; Fast-food restaurant services; Frozen yogurt shop services in the nature of a restaurant; Hotel accommodation and restaurant services; Hotel accommodation, restaurant and bar services; Hotel accommodation, restaurant and catering services; Hotel accommodation, bar and restaurant services; Hotel accommodation, motel, restaurant, bar and catering services; Mobile café services for providing food and drink; Mobile restaurant services; Pet-friendly cafe services; Pet-friendly restaurant services; Pet-friendly cafe and restaurant services; Pop-up restaurant services; Providing ice cream via a mobile truck; Salad bars; Self service restaurants; Self-service restaurant services; Serving food and drink in internet cafes; Take-away restaurant services; Take-out restaurant services; Travel agency services, namely, making reservations and bookings for restaurants and meals |
| 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 | Thursday, August 10, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | Wednesday, November 30, 2022 |
| First Use In Commerce Date | Wednesday, November 30, 2022 |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, August 10, 2023 |
| Primary Code | 043 |
| First Use Anywhere Date | Wednesday, November 30, 2022 |
| First Use In Commerce Date | Wednesday, November 30, 2022 |
| Party Name | NOT AVAILABLE |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 01 - Individual |
| Address | Los Angeles, CA 90019 |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Los Angeles, CA 90019 |
| Event Date | Event Description |
| Friday, July 14, 2023 | NEW APPLICATION ENTERED |
| Thursday, August 10, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, August 11, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, November 29, 2023 | TEAS AMENDMENT OF USE RECEIVED |
| Wednesday, November 29, 2023 | USE AMENDMENT FILED |
| Wednesday, November 29, 2023 | AMENDMENT TO USE PROCESSING COMPLETE |
| Tuesday, March 19, 2024 | ASSIGNED TO EXAMINER |
| Thursday, March 21, 2024 | PRIORITY ACTION WRITTEN |
| Thursday, March 21, 2024 | PRIORITY ACTION E-MAILED |
| Thursday, March 21, 2024 | NOTIFICATION OF PRIORITY ACTION E-MAILED |
| Thursday, April 18, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, April 18, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Saturday, April 20, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Thursday, April 18, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, April 20, 2024 | USE AMENDMENT ACCEPTED |
| Tuesday, April 23, 2024 | NOTICE OF ACCEPTANCE OF AMENDMENT TO ALLEGE USE E-MAILED |
| Tuesday, May 28, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, May 8, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, May 28, 2024 | PUBLISHED FOR OPPOSITION |