| Serial Number | 85846835 |
| Word Mark | NEW YORK BRAND THE ORIGINAL THICK SLICE TEXAS TOAST |
| Filing Date | Monday, February 11, 2013 |
| Status | 710 - CANCELLED - SECTION 8 |
| Status Date | Friday, June 28, 2024 |
| Registration Number | 5352814 |
| Registration Date | Tuesday, December 12, 2017 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, September 26, 2017 |
| Goods and Services | Frozen breads |
| Description of Mark | The mark consists of a green, white and red banner with the stylized literal element "NEW YORK" in yellow font outlined in black over the banner and "BRAND" in a small black font below the words "NEW YORK" on the banner. The banner appears above the words "THE ORIGINAL THICK SLICE TEXAS TOAST" with "THE" in black centered above "ORIGINAL THICK SLICE" also in black, and "TEXAS" and "TOAST" stacked below, appearing in a bold red font against a yellow background. Two darker yellow stars appear on either side of the word "THE". A slice of Texas Toast in yellow and brown appears to the right of these literal elements, resting on top of a red napkin, with a green parsley leaf and a white garlic clove appearing to the left of the toast. Extending down from the upper right of the mark is a red rectangular shape with the lower corners consisting of indented curves. The red rectangle shape features an incomplete interior border of white lines on the left, right and bottom, with a white broken horizontal line from one side of the white border to the other breaking the rectangle into a square below and a rectangle above. |
| Indication of Colors claimed | The color(s) green, white, red, yellow, brown and black is/are claimed as a feature of the mark. |
| NOT AVAILABLE | "BRAND THE ORIGINAL THICK SLICE TEXAS TOAST AND THE DESIGN OF BREAD, GARLIC AND PARSLEY LEAF" |
| 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 | 2 - Sec. 8 - Entire Registration |
| Class Status Date | Friday, June 28, 2024 |
| Primary Code | 030 |
| First Use Anywhere Date | Saturday, September 30, 2006 |
| First Use In Commerce Date | Saturday, September 30, 2006 |
| Party Name | MARZETTI MANUFACTURING COMPANY |
| Party Type | 31 - New Owner After Registration |
| Legal Entity Type | 03 - Corporation |
| Address | WESTERVILLE, OH 43082 |
| Party Name | New York Frozen Foods, Inc. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Columbus, OH 43082 |
| Party Name | New York Frozen Foods, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Columbus, OH 43082 |
| Party Name | New York Frozen Foods, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Columbus, OH 43082 |
| Event Date | Event Description |
| Thursday, May 23, 2013 | ASSIGNED TO EXAMINER |
| Thursday, February 14, 2013 | NEW APPLICATION ENTERED |
| Tuesday, February 19, 2013 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, February 20, 2013 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Friday, May 31, 2013 | NON-FINAL ACTION WRITTEN |
| Friday, May 31, 2013 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, May 31, 2013 | NON-FINAL ACTION E-MAILED |
| Tuesday, November 26, 2013 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, November 26, 2013 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, November 26, 2013 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, December 17, 2013 | SUSPENSION LETTER WRITTEN |
| Tuesday, December 17, 2013 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Tuesday, December 17, 2013 | LETTER OF SUSPENSION E-MAILED |
| Thursday, June 19, 2014 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Tuesday, December 23, 2014 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Tuesday, June 23, 2015 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Sunday, December 27, 2015 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Tuesday, July 12, 2016 | ASSIGNED TO LIE |
| Thursday, July 14, 2016 | REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED |
| Monday, January 23, 2017 | SUSPENSION CHECKED - TO ATTORNEY FOR ACTION |
| Friday, February 10, 2017 | TEAS CHANGE OF OWNER ADDRESS RECEIVED |
| Friday, February 10, 2017 | APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED |
| Monday, February 13, 2017 | NON-FINAL ACTION WRITTEN |
| Monday, February 13, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, February 13, 2017 | NON-FINAL ACTION E-MAILED |
| Monday, August 14, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Monday, August 14, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, August 16, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, September 6, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, September 26, 2017 | PUBLISHED FOR OPPOSITION |
| Wednesday, August 23, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, September 26, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 12, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Friday, June 28, 2024 | CANCELLED SEC. 8 (6-YR) |
| Wednesday, November 22, 2023 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Friday, October 12, 2018 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Friday, October 12, 2018 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, December 12, 2022 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |