| Serial Number | 85253527 |
| Word Mark | GOURMET DONUTS |
| Filing Date | Monday, February 28, 2011 |
| Status | 771 - CONCURRENT USE PROCEEDING PENDING |
| Status Date | Tuesday, December 4, 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, December 4, 2012 |
| Goods and Services | Bagels; Beverages made of coffee; Beverages with a coffee base; Coffee; Coffee and tea; Coffee based beverages; Coffee beverages with milk; Coffee-based beverage containing milk; Coffee-based beverages; Croissants; Danish pastries; Donuts; Iced coffee; Muffins; Prepared coffee and coffee-based beverages |
| Description of Mark | The mark consists of an orange donut stylized as a smiling sun with the color white with brown trim appearing in the hole of the donut with a scalloped perimeter in white trimmed in orange. The remaining facial features of the donut appear in brown. The stylized donut appears next to the word "Gourmet" in yellow block lettering over the word "Donuts" in yellow block lettering. The words "Gourmet Donuts" are placed on a brown background that traces each letter around the perimeter of the words and is solid between the words. |
| Concurrent Use Statement | Subject to Concurrent Use with Registration No. 2997786. Owner claims exclusive right to use the proposed mark within the requested geographic area for use on signs, packaging, napkins, cups and advertising for goods and services including bagels, beverages with a coffee base, coffee and tea, coffee based beverages, coffee beverages with milk, coffee based beverages, containing milk, croissants, Danish pastries, donuts, iced coffees, muffins, prepared coffee and coffee based beverages. The geographic area for which applicant seeks registration of the mark is limited to Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, and New York. The registrant on the concurrent use is Euro Coffee, 1008 N. Cole Ave., Los Angeles, CA 90038 for coffee. Upon information and belief, the registrant uses the registered mark on packages of coffee beans to identify the flavor of the beans for sale at the registrant's Los Angeles, California location. |
| Indication of Colors claimed | The color(s) orange, white, brown and yellow is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "GOURMET DONUTS" |
| 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, March 3, 2011 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Gourmet Donuts, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Fitchburg, MA 01420 |
| Party Name | Gourmet Donuts, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Fitchburg, MA 01420 |
| Event Date | Event Description |
| Wednesday, April 19, 2023 | ASSIGNED TO EXAMINER |
| Tuesday, December 4, 2012 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 4, 2012 | PUBLISHED FOR OPPOSITION |
| Wednesday, November 14, 2012 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Monday, October 29, 2012 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Thursday, October 25, 2012 | EXPARTE APPEAL TERMINATED |
| Thursday, October 25, 2012 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, October 10, 2012 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Thursday, October 4, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, October 4, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, October 2, 2012 | ASSIGNED TO LIE |
| Monday, September 24, 2012 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| Tuesday, July 24, 2012 | NOTIFICATION OF ACTION DENYING REQ FOR RECON E-MAILED |
| Tuesday, July 24, 2012 | ACTION DENYING REQ FOR RECON E-MAILED |
| Tuesday, July 24, 2012 | ACTION CONTINUING FINAL - COMPLETED |
| Tuesday, June 26, 2012 | EX PARTE APPEAL-INSTITUTED |
| Tuesday, June 26, 2012 | JURISDICTION RESTORED TO EXAMINING ATTORNEY |
| Tuesday, June 26, 2012 | EXPARTE APPEAL RECEIVED AT TTAB |
| Monday, June 25, 2012 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, June 25, 2012 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, June 25, 2012 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Wednesday, January 18, 2012 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, January 18, 2012 | FINAL REFUSAL E-MAILED |
| Wednesday, January 18, 2012 | FINAL REFUSAL WRITTEN |
| Wednesday, December 28, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, December 28, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, December 28, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, December 28, 2011 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, December 28, 2011 | NON-FINAL ACTION E-MAILED |
| Wednesday, December 28, 2011 | NON-FINAL ACTION WRITTEN |
| Wednesday, December 7, 2011 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, December 6, 2011 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 6, 2011 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, June 7, 2011 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, June 7, 2011 | NON-FINAL ACTION E-MAILED |
| Tuesday, June 7, 2011 | NON-FINAL ACTION WRITTEN |
| Tuesday, May 31, 2011 | ASSIGNED TO EXAMINER |
| Friday, March 4, 2011 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Thursday, March 3, 2011 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, March 3, 2011 | NEW APPLICATION ENTERED |