| Serial Number | 98907693 |
| Word Mark | FROSTY SMILES OF JOY |
| Filing Date | Tuesday, December 17, 2024 |
| Status | 819 - SU - REGISTRATION REVIEW COMPLETE |
| Status Date | Wednesday, April 15, 2026 |
| 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, July 15, 2025 |
| Description of Mark | The mark consists of a gradient background transitioning from orange at the top to pink at the bottom. The word "FROSTY" appears in bold, uppercase blue letters with a black and white outline, centered at the top. Two white snowflake designs, simple and stylized, appear to the left and right of the word "FROSTY." At the center of the design is a cartoon-style depiction of a polar bear and a penguin sitting together. The polar bear is white, gray, black and pink, drawn in a simplified cartoon style with black outlines, and has its eyes closed with a wide, happy smile. The bear's paws are visible, with pink paw pads on the front left paw, which is holding an ice cream cone. The ice cream cone has a brown waffle-patterned base, a white and pink scoop of ice cream topped with white whipped cream, and blue, orange, yellow and green sprinkles, all outlined in black. To the right of the polar bear is a cartoon penguin, black and white in color with a yellow beak and yellow feet. The penguin has an upright posture, its eyes closed, and a wide, cheerful smile. The penguin's flippers are holding onto the ice cream cone alongside the polar bear. Below the characters, the phrase "SMILES OF JOY" is displayed in uppercase blue letters with a black and white outline, arched along the bottom. Two additional stylized white snowflake designs appear next to the phrase "SMILES OF JOY." The polar bear and penguin centered around the shared ice cream cone and the text arched above and below. |
| Goods and Services | Providing ice cream via a mobile truck; Providing of food and drink via a mobile truck |
| Indication of Colors claimed | The colors orange, pink, blue, white, black, gray, yellow, brown, and green is/are claimed as a feature of the mark. |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, December 17, 2024 |
| Primary Code | 043 |
| First Use Anywhere Date | Thursday, December 12, 2024 |
| First Use In Commerce Date | Friday, April 18, 2025 |
| Party Name | The Polar Cup & Cone Express LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Garner, NC 27529 US |
| Party Name | The Polar Cup & Cone Express LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Garner, NC 27529 US |
| Event Date | Event Description |
| Tuesday, December 17, 2024 | NEW APPLICATION ENTERED |
| Saturday, May 24, 2025 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Saturday, May 24, 2025 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, June 4, 2025 | ASSIGNED TO EXAMINER |
| Tuesday, June 10, 2025 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, June 10, 2025 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, June 10, 2025 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, June 10, 2025 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, June 10, 2025 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, July 9, 2025 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, July 15, 2025 | PUBLISHED FOR OPPOSITION |
| Tuesday, July 15, 2025 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, September 9, 2025 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Monday, September 15, 2025 | TEAS STATEMENT OF USE RECEIVED |
| Friday, March 20, 2026 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Monday, September 15, 2025 | USE AMENDMENT FILED |
| Monday, March 23, 2026 | STATEMENT OF USE PROCESSING COMPLETE |
| Wednesday, April 15, 2026 | SU-EXAMINER'S AMENDMENT WRITTEN |
| Wednesday, April 15, 2026 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, April 15, 2026 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, April 15, 2026 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, April 15, 2026 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Wednesday, April 15, 2026 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |