| Serial Number | 78436752 |
| Word Mark | HOT DOG HEAVEN |
| Filing Date | Thursday, June 17, 2004 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Tuesday, November 29, 2005 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4000 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Concurrent Use Statement | Applicant is aware of prior pending Application Serial No. 78228542 for the mark HOT DOG HEAVEN THE ORIGINAL THE BEST SINCE 1976, which application was filed on March 14, 2003. Applicant alleges first use of its mark herein sought to be registered at least as early as June 1987, which first use pre-dates the filing date of the prior cited application by almost 16 years. Applicant's primarily geographic area of interest is the state of Florida, where Applicant presently operates two (2) restaurants under the mark. On information and belief, the primary geographic area of interest of the prior applicant is Ohio, where the prior applicant apparently operates two (2) restaurants under its mark, as shown by the attached copy of a page from the prior Applicant's website (see attached evidence). Applicant requests that this Application be issued as a concurrent use registration, granting exclusive rights in the mark to Applicant for "restaurant services" in the geographic area of the state of Florida, United States of America. |
| Disclaimer with Predetermined Text | "HOT DOG" |
| Goods and Services | restaurant services |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, June 23, 2004 |
| Primary Code | 043 |
| First Use Anywhere Date | Saturday, May 31, 1986 |
| First Use In Commerce Date | Saturday, May 31, 1986 |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Orlando, FL 32807 |
| Event Date | Event Description |
| Tuesday, November 29, 2005 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Tuesday, November 29, 2005 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Wednesday, October 12, 2005 | ASSIGNED TO EXAMINER |
| Tuesday, May 3, 2005 | NON-FINAL ACTION E-MAILED |
| Tuesday, May 3, 2005 | NON-FINAL ACTION WRITTEN |
| Wednesday, April 20, 2005 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, March 24, 2005 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, March 24, 2005 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, February 2, 2005 | NON-FINAL ACTION E-MAILED |
| Wednesday, February 2, 2005 | NON-FINAL ACTION WRITTEN |
| Friday, January 21, 2005 | ASSIGNED TO EXAMINER |
| Wednesday, June 23, 2004 | NEW APPLICATION ENTERED IN TRAM |