| Serial Number | 86863228 |
| Word Mark | PIG'N WHISTLE |
| Filing Date | Thursday, December 31, 2015 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Friday, June 16, 2017 |
| 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 | The color(s) yellow, red, and black is/are claimed as a feature of the mark. |
| Concurrent Use Statement | Applicant seeks registration of the applied for mark for barbeque sauce in all of the U.S. and its territories excluding the state of Tennessee. Based on Reg. No. 4276211, the mark PIG-N-WHISTLE was used in the Millington, Tennessee area for "cafe-restaurants" as early as 12/31/2005. However, applicant was not aware of this use when applicant began using the applied for mark. Currently, a registration (i.e., Reg. No. 4276211) for "cafe-restaurants" has been issued to William Rupert, 3134 Woodland Pine Dr., Lakeland, Tennessee 38002. No one else except as specified in the application has the right to use the mark. Applicant's date of first use in commerce is before the filing date of the above-mentioned registration. |
| Description of Mark | The mark consists of the stylized words PIG'N WHISTLE in red with two yellow and black pigs positioned before and after the wording, each pig facing the wording and holding a horn. |
| Goods and Services | Barbeque sauce |
| Pseudo Mark | PIG AND WHISTLE |
| 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 | Monday, January 11, 2016 |
| Primary Code | 030 |
| First Use Anywhere Date | Thursday, June 28, 1928 |
| First Use In Commerce Date | Thursday, June 28, 1928 |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Hoschton, GA 30548 |
| Event Date | Event Description |
| Friday, July 14, 2017 | UNDELIVERABLE MAIL - NO ACTION TAKEN |
| Friday, June 16, 2017 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Friday, June 16, 2017 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Monday, November 14, 2016 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Monday, November 14, 2016 | NON-FINAL ACTION E-MAILED |
| Monday, November 14, 2016 | NON-FINAL ACTION WRITTEN |
| Saturday, October 22, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, October 21, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, October 21, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, April 21, 2016 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, April 21, 2016 | NON-FINAL ACTION E-MAILED |
| Thursday, April 21, 2016 | NON-FINAL ACTION WRITTEN |
| Monday, April 18, 2016 | ASSIGNED TO EXAMINER |
| Tuesday, January 12, 2016 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Monday, January 11, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Monday, January 4, 2016 | NEW APPLICATION ENTERED IN TRAM |