| Serial Number | 76648090 |
| Word Mark | FRESCOS & COMPANY |
| Filing Date | Thursday, October 6, 2005 |
| Status | 603 - ABANDONED - AFTER EX PARTE APPEAL |
| Status Date | Friday, February 6, 2009 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 5000 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | NOT AVAILABLE |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "AND COMPANY" |
| Goods and Services | Prepared and packaged ready to cook, ready to assemble, ready to heat, ready to eat, and ready to serve foods and meals in the nature of fresh, frozen and refrigerated entrees consisting primarily of meat, poultry, seafood, fish, frozen fruit and vegetables, namely, kebabs, brochettes and satay sticks; soups, stews; meat, poultry, seafood and fish casseroles; breaded chicken sticks, chicken nuggets, chicken morsels, frozen vegetable morsels and vegetable sticks, pork nuggets, pork morsels, beef nuggets, beef morsels; meat, namely, game, beef, pork, veal, processed lamb; fresh and frozen meat products, namely sausage, meat loaf, meat paste, meat balls, pastrami, meat juices, blood sausage, frankfurters, hamburgers, hot dogs, meat-based mousse, meat-based spreads, ham, bacon, salami, mortadella, bacon rinds, roast beef, corned beef, beef patties, sausage patties, meat croquettes; poultry, namely, chicken, turkey, duck; fish; seafood, namely, scallops, lobster, crab, shrimp, seafood stuffed fish fillets; tofu, meat pies, French fries and potatoes; prepared and frozen vegetables; prepared and frozen fruits; salads, namely coleslaw, vegetable, seafood, Greek, salmon, chicken, pea, bean, spinach and fruit salads; prepared entrees and appetizers consisting primarily of meat, poultry, seafood, frozen fruit and vegetables; apple sauce; cranberry sauce;dips, namely humus, tzatziki made of yogurt, seafood, spinach, crab, artichoke and tomato basil dips; condiments, namely, pepper oil; breakfast foods, namely, fruit salad, hash browns, potato patties, potato wedges |
| Goods and Services | Prepared and packaged ready to cook, ready to assemble, ready to heat, ready to eat and ready to serve foods and meals in the nature of fresh, frozen and refrigerated entrees consisting primarily of rice, pasta and dough, namely, rice, noodles, pastas, egg rolls, quiche, couscous, orzo, polenta and pizzas; prepared entrees and appetizers and bakery products, namely, breads, rolls, croutons, cookies, biscuits, doughnuts, croissants, brioches, tarts, crackers, bagels, danishes, chelsea buns, English muffins, muffins, pastries and muffin mixes; desserts, namely, pies, fruit crisps, cakes, cake and pastry squares, candy bars, cinnamon buns, eclairs, bakery dessert shells, puddings and mousses; salads, namely, macaroni, noodle, potato, rice and pasta salads; tabbouleh; sauces, namely pesto sauce, spaghetti sauce, fruit sauces, tartar sauce, tomato sauce, artichoke sauce, barbecue sauce, chili sauce, hot sauce and pizza sauce; salad dressing; marinades; spices; seasonings; condiments, namely, pepper sauce, ketchup, mustard, pimento; seasonings, namely, curry pastes and powders; sandwiches; ice cream; breakfast foods, namely, cereal, waffles, pancakes, coffee cake, breakfast pastries and breakfast burritos |
| Goods and Services | Retail services, namely the operation of retail stores and outlets specializing in prepared food products of all types |
| Pseudo Mark | FRESCOS AND COMPANY |
| Translation of Words in Mark | The foreign wording in the mark translates into English as "fresh" or "cool." |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, October 13, 2005 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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, October 13, 2005 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, October 13, 2005 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | FRESCOS & COMPANY INC. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | London, Ontario N5V 3K4 CA |
| Event Date | Event Description |
| Monday, February 9, 2009 | ABANDONMENT NOTICE MAILED - AFTER EX PARTE APPEAL |
| Friday, February 6, 2009 | ABANDONMENT - AFTER EX PARTE APPEAL |
| Friday, February 6, 2009 | EXPARTE APPEAL TERMINATED |
| Wednesday, January 14, 2009 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Wednesday, January 14, 2009 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Wednesday, January 23, 2008 | EXAMINERS STATEMENT MAILED |
| Tuesday, January 22, 2008 | EXAMINERS STATEMENT - COMPLETED |
| Saturday, January 12, 2008 | DATA MODIFICATION COMPLETED |
| Saturday, January 12, 2008 | DATA MODIFICATION COMPLETED |
| Monday, December 3, 2007 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Thursday, September 27, 2007 | ACTION DENYING REQ FOR RECON MAILED |
| Thursday, September 27, 2007 | ACTION CONTINUING FINAL - COMPLETED |
| Wednesday, September 5, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, September 5, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, September 5, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, June 15, 2007 | NON-FINAL ACTION MAILED |
| Thursday, June 14, 2007 | NON-FINAL ACTION WRITTEN |
| Monday, June 11, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, June 11, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, June 11, 2007 | ASSIGNED TO LIE |
| Thursday, May 24, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, May 24, 2007 | EX PARTE APPEAL-INSTITUTED |
| Thursday, May 24, 2007 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Thursday, May 24, 2007 | EXPARTE APPEAL RECEIVED AT TTAB |
| Monday, November 27, 2006 | FINAL REFUSAL MAILED |
| Friday, November 24, 2006 | FINAL REFUSAL WRITTEN |
| Friday, November 3, 2006 | AMENDMENT FROM APPLICANT ENTERED |
| Friday, October 13, 2006 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, October 13, 2006 | PAPER RECEIVED |
| Thursday, April 13, 2006 | NON-FINAL ACTION MAILED |
| Wednesday, April 12, 2006 | NON-FINAL ACTION WRITTEN |
| Tuesday, April 11, 2006 | ASSIGNED TO EXAMINER |
| Thursday, October 13, 2005 | NEW APPLICATION ENTERED IN TRAM |