| Serial Number | 77631789 |
| Word Mark | LEROY PHARMACY |
| Filing Date | Friday, December 12, 2008 |
| Status | 601 - ABANDONED - EXPRESS |
| Status Date | Tuesday, March 23, 2010 |
| 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 | Concurrent use information. Upon information and belief, as a result of a prior agreement with AVS Pharmacy, Inc., AVS Pharmacy, Inc. has concurrent lawful rights to the LEROY PHARMACY mark for retail drug store and pharmacy services solely at 358 East 204th Street, Bronx, New York 10467. It is believed that AVS, Inc. (an incorrectly listed owner) has acquired a fraudulent registration for the LEROY PHARMACY trademark (Reg. No. 3458016) by failing to advise the Trademark Office in its application that it was a concurrent use application pursuant to Trademark Rule 37 C.F.R. §2.42 and TMEP §1207.04. Such registration is now the subject of a lawsuit pending in the U.S. District Court, Southern District, New York, Case No. 08-CV-9773. To Applicant's knowledge, Applicant and the owner of Reg. No. 3458016 have concurrently used the mark since 1998. Applicant has never discontinued its use of the mark. No one else except as specified herein has the right to use the mark. |
| Disclaimer with Predetermined Text | "PHARMACY" |
| Goods and Services | Retail drug store services; Retail pharmacy services |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | P - NOT AVAILABLE |
| Class Status Date | Thursday, March 12, 2009 |
| Primary Code | 035 |
| First Use Anywhere Date | Saturday, November 30, 1929 |
| First Use In Commerce Date | Saturday, November 30, 1929 |
| Party Name | DD PHARMACY, INC. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Bronx, NY 10462 |
| Event Date | Event Description |
| Tuesday, March 23, 2010 | ABANDONMENT NOTICE MAILED - EXPRESS ABANDONMENT |
| Tuesday, March 23, 2010 | ABANDONMENT - EXPRESS MAILED |
| Monday, March 15, 2010 | LETTER OF ABANDONMENT PROCESSED |
| Monday, March 15, 2010 | PAPER RECEIVED |
| Monday, March 1, 2010 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Monday, March 1, 2010 | LETTER OF SUSPENSION E-MAILED |
| Monday, March 1, 2010 | SUSPENSION LETTER WRITTEN |
| Thursday, February 25, 2010 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, February 25, 2010 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, February 23, 2010 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Tuesday, February 23, 2010 | NOTIFICATION OF INQUIRY AS TO SUSPENSION E-MAILED |
| Tuesday, February 23, 2010 | INQUIRY TO SUSPENSION E-MAILED |
| Tuesday, February 23, 2010 | SUSPENSION INQUIRY WRITTEN |
| Monday, February 22, 2010 | ASSIGNED TO EXAMINER |
| Saturday, February 20, 2010 | LIE CHECKED SUSP - TO ATTY FOR ACTION |
| Saturday, February 20, 2010 | ASSIGNED TO LIE |
| Thursday, August 20, 2009 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Thursday, August 20, 2009 | LETTER OF SUSPENSION E-MAILED |
| Thursday, August 20, 2009 | SUSPENSION LETTER WRITTEN |
| Wednesday, August 19, 2009 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, August 19, 2009 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, August 19, 2009 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, March 12, 2009 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, March 12, 2009 | NON-FINAL ACTION E-MAILED |
| Thursday, March 12, 2009 | NON-FINAL ACTION WRITTEN |
| Thursday, March 12, 2009 | REMOVED FROM TEAS PLUS |
| Tuesday, March 10, 2009 | ASSIGNED TO EXAMINER |
| Tuesday, December 16, 2008 | NEW APPLICATION ENTERED IN TRAM |