| Serial Number | 78960866 |
| Word Mark | OW THE OVEN WORKS BUEHLER'S TOASTED SANDWICH FACTORY |
| Filing Date | Friday, August 25, 2006 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Tuesday, February 10, 2009 |
| 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 | NOT AVAILABLE |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Concurrent Use Statement | Subject to Concurrent Use Proceeding with Buehler Food Markets, Inc. 1401 Old Mansfield Rd. Wooster, OH 44691 (SN 78960866) and Aldi, Inc. North Kirk Rd. Batavia, Illinois 60510-1479 (Reg. 2201332 and 2667946) Applicant claims the exclusive right to use the mark in the area comprising the Ohio counties of Ashland, Coshocton, Cuyahoga, Delaware, Erie, Franklin, Geauga, Holmes, Huron, Knox, Lake, Lorain, Medina, Portage, Richland, Sandusky, Stark, Summit, Tuscarawas, and Wayne. |
| Disclaimer with Predetermined Text | TOASTED SANDWICH FACTORY |
| Description of Mark | The mark consists of a doughboy wearing a chef's hat and an apron (with the letters "OW" on the apron where the letter "O" is shaped like a gear and appears directly above the letter "W") and holding a bread peel with another "O" in the shape of a gear on it; beside the doughboy are the words "THE OVEN WORKS" where the word "THE" forms the middle of the letter O in OVEN; beneath the rest of the mark is a rectangle with rounded corners containing the words "Buehler's Toasted Sandwich Factory" with stars on either side of the words . |
| Goods and Services | Carry-out restaurants; Restaurant services; Restaurants |
| Pseudo Mark | OVEN WORKS THE OVEN WORKS BUEHLER'S TOASTED SANDWICH FACTORY |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, August 31, 2006 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Buehler Food Markets, Incorporated |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Wooster, OH 44691 |
| Event Date | Event Description |
| Tuesday, February 10, 2009 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Tuesday, February 10, 2009 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Monday, November 10, 2008 | ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED |
| Monday, November 10, 2008 | TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED |
| Tuesday, July 15, 2008 | NOTIFICATION OF PRIORITY ACTION E-MAILED |
| Tuesday, July 15, 2008 | PRIORITY ACTION E-MAILED |
| Tuesday, July 15, 2008 | PRIORITY ACTION WRITTEN |
| Tuesday, July 15, 2008 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, July 15, 2008 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, July 15, 2008 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, July 15, 2008 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, June 25, 2008 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, June 25, 2008 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, June 25, 2008 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, December 31, 2007 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Monday, December 31, 2007 | FINAL REFUSAL E-MAILED |
| Monday, December 31, 2007 | FINAL REFUSAL WRITTEN |
| Saturday, September 22, 2007 | ASSIGNED TO EXAMINER |
| Wednesday, September 19, 2007 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, September 19, 2007 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, September 19, 2007 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Saturday, March 31, 2007 | NON-FINAL ACTION E-MAILED |
| Saturday, March 31, 2007 | NON-FINAL ACTION WRITTEN |
| Saturday, January 20, 2007 | ASSIGNED TO EXAMINER |
| Friday, September 1, 2006 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Thursday, August 31, 2006 | NEW APPLICATION ENTERED IN TRAM |