| Serial Number | 98731106 |
| Word Mark | LIGHTHOUSE COFFEE SHOP |
| Filing Date | Tuesday, September 3, 2024 |
| Status | 616 - REVIVED - AWAITING FURTHER ACTION |
| Status Date | Friday, June 27, 2025 |
| 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 | NOT AVAILABLE |
| Goods and Services | Coffee; Coffee and coffee substitutes; Coffee and artificial coffee; Coffee and tea; Coffee based beverages; Coffee based drinks; Coffee beans; Coffee capsules containing coffee for brewing; Coffee capsules, filled; Coffee cherry tea; Coffee drinks; Coffee essences; Coffee essences for use as substitutes for coffee; Coffee extracts; Coffee extracts for use as substitutes for coffee; Coffee pods, filled; Artificial coffee; Barley coffee; Brewed coffee; Caffeine-free coffee; Chicory-based coffee substitutes; Chocolate-coated coffee beans; Chocolate-covered coffee beans; Decaffeinated coffee; Frozen coffee; Frozen coffee drinks; Green coffee; Ground coffee; Ground coffee beans; Iced coffee; Instant coffee; Mixes of coffee essences and coffee extracts; Mixtures of coffee essences and coffee extracts; Protein-enriched coffee; Roasted coffee beans; Semi-frozen coffee drinks; Sugar-coated coffee beans; Unroasted coffee |
| Description of Mark | The mark consists of Description Of Mark with Color Required Although applicant submitted a drawing showing the mark in color with a color claim, applicant did not provide the required description that specifies where each color appears in the literal and design elements in the mark. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §807.07(a)-(a)(ii). Therefore, applicant must provide this description. See TMEP §807.07(a)(ii). Generic color names must be used to describe the colors in the mark, e.g., red, yellow, blue. TMEP §807.07(a)(i)-(ii). If black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark, applicant must so specify in the description. See TMEP §807.07(d). The following description is suggested, if accurate: Color Claim: The color(s) black and white is/are claimed as a feature of the mark. Description: The mark consists of the wording "LIGHTHOUSE COFFEE SHOP" in black with the design of three black and white light bulbs hanging in a black and white circle. |
| Indication of Colors claimed | The color(s) black and white is/are claimed as a feature of the mark. |
| NOT AVAILABLE | Disclaimer Required Applicant must disclaim the wording "COFFEE SHOP" because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant's goods and/or services. See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a). The attached evidence from Lift Coffee Shop, The Cracked Pot Coffee Shop, and Beans and Dreams shows this wording is commonly used in connection with similar goods and/or services to mean a "SHOP" that provides "COFFEE". Thus, the wording merely describes applicant's goods and/or services because, as identified in the application, applicant provides various coffee goods. A "disclaimer" is a statement in the application record that an applicant does not claim exclusive rights to an unregistrable component of the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979- 80, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213. A disclaimer does not physically remove the disclaimed matter from the mark or otherwise affect the appearance of the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d at 979, 144 USPQ2d at 433; TMEP §1213. If applicant does not provide the required disclaimer, the USPTO may refuse to register the entire mark. See In re Stereotaxis Inc., 429 F.3d 1039, 1041, 77 USPQ2d 1087, 1089 (Fed. Cir. 2005); TMEP §1213.01(b). Applicant may respond to this issue by submitting a disclaimer in the following format: No claim is made to the exclusive right to use "COFFEE SHOP" |
| 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 | Tuesday, September 3, 2024 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Sparks, NV 89436 |
| Event Date | Event Description |
| Tuesday, September 3, 2024 | NEW APPLICATION ENTERED |
| Thursday, March 13, 2025 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, March 13, 2025 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, March 14, 2025 | ASSIGNED TO EXAMINER |
| Friday, March 21, 2025 | NON-FINAL ACTION WRITTEN |
| Friday, March 21, 2025 | NON-FINAL ACTION E-MAILED |
| Friday, March 21, 2025 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, June 27, 2025 | PETITION TO REVIVE-GRANTED |
| Friday, June 27, 2025 | NOTICE OF REVIVAL - E-MAILED |
| Friday, June 27, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, June 27, 2025 | TEAS PETITION TO REVIVE RECEIVED |
| Friday, June 27, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, June 27, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |