| Serial Number | 97442223 |
| Word Mark | SMOOTHIE KING |
| Filing Date | Friday, June 3, 2022 |
| Status | 730 - FIRST EXTENSION - GRANTED |
| Status Date | Wednesday, September 18, 2024 |
| 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 | Tuesday, February 27, 2024 |
| Goods and Services | Entertainment services, namely, providing online non-downloadable virtual restaurants for use in virtual environments created for entertainment purposes; entertainment services, namely, providing online, non-downloadable virtual food items and beverages for use in virtual environments created for entertainment purposes; entertainment services, namely, providing an online virtual restaurant contest and incentive awards program designed to reward program participants who engage in virtual reality video games to earn reward points and virtual currency which may be used to purchase food and beverages; entertainment services, namely, providing online, non-downloadable virtual gifts and rewards in the nature of food and beverage items, clothing, headwear, footwear, jewelry, keychains, and cups, for use in virtual environments created for entertainment purposes; entertainment services, namely, providing online actual and virtual concerts and other virtual special events for social entertainment purposes; entertainment services, namely, providing an online non-downloadable virtual restaurant offering delivery of virtual food and beverage products for use in virtual environments created for entertainment purposes; entertainment services, namely, providing an online non-downloadable virtual restaurant featuring virtual goods in the nature of food and beverage items for use in virtual environments created for entertainment purposes |
| Description of Mark | The mark consists of a stylized representation of a crown and the words "SMOOTHIE KING". |
| Goods and Services | Downloadable virtual goods in the nature of image files of food and beverage products for use in online virtual worlds; downloadable virtual goods, namely, image files of food items and beverages for use in online virtual worlds; downloadable multimedia files containing artwork, text, audio, and video files in the field of food and beverages authenticated by non-fungible tokens (NFTs); downloadable electronic data files featuring loyalty and reward cards for redeeming restaurant menu items; downloadable computer software, namely, software for creating non-fungible tokens (NFTs) for facilitating commercial transactions; downloadable software that allows users to access restaurant menus, locate restaurants, place food and beverage orders, pay for orders, and collect rewards |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Online retail store services featuring virtual goods, namely, food and beverages for use in online virtual worlds; online digital retail store services featuring downloadable and non-downloadable virtual goods in the nature of food items and beverages for use in online virtual worlds; retail store services featuring virtual goods, namely, clothing, food, beverages, and cups provided via access tokens for use in online virtual worlds; conducting an incentive reward program to promote the sale of restaurant services whereby individuals can earn real world and virtual rewards; administration of rewards program for enabling participants to obtain discounts on products and services featuring virtual rewards that can be redeemed in the real or virtual world |
| NOT AVAILABLE | "SMOOTHIE" |
| Goods and Services | Virtual restaurant, namely, restaurants featuring home delivery of food and beverage products; operating a virtual restaurant, namely, providing food and drink via orders placed online; Preparation and provision of food and beverages; food preparation services for delivery or pick-up; restaurants featuring home delivery |
| Goods and Services | Providing temporary use of online non-downloadable software that gives users the ability to upload, modify and share virtual reality content, augmented reality content, mixed reality content, information, experiences and data; providing temporary use of online non-downloadable software for creating and designing virtual food and beverage products for use in virtual environments; providing online non-downloadable software for providing multimedia files containing artwork, text, audio, and video files authenticated by non-fungible tokens (NFTs); providing online non-downloadable computer software, namely, software for creating non-fungible tokens (NFTs) for facilitating commercial transactions; providing temporary use of online non-downloadable software that allows users to access restaurant menus, locate restaurants, place food and beverage orders, pay for orders, and collect rewards |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, June 14, 2022 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, June 14, 2022 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, June 14, 2022 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, June 14, 2022 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, June 14, 2022 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Smoothie King Franchises, Inc. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Dallas, TX 75019 |
| Party Name | Smoothie King Franchises, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Dallas, TX 75019 |
| Event Date | Event Description |
| Wednesday, June 15, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, June 7, 2022 | NEW APPLICATION ENTERED |
| Tuesday, June 14, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Tuesday, February 14, 2023 | ASSIGNED TO EXAMINER |
| Friday, March 10, 2023 | PRIORITY ACTION WRITTEN |
| Friday, March 10, 2023 | PRIORITY ACTION E-MAILED |
| Friday, March 10, 2023 | NOTIFICATION OF PRIORITY ACTION E-MAILED |
| Thursday, June 1, 2023 | APPLICATION EXTENSION TO RESPONSE PERIOD - RECEIVED |
| Thursday, June 1, 2023 | APPLICATION EXTENSION GRANTED/RECEIPT PROVIDED |
| Tuesday, September 5, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, September 5, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, September 5, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, September 18, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, October 3, 2023 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Tuesday, October 24, 2023 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Friday, October 27, 2023 | NON-FINAL ACTION WRITTEN |
| Friday, October 27, 2023 | NON-FINAL ACTION E-MAILED |
| Thursday, January 18, 2024 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, October 27, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, January 18, 2024 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, January 18, 2024 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, January 19, 2024 | ASSIGNED TO EXAMINER |
| Friday, January 19, 2024 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 7, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, February 7, 2024 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Monday, March 4, 2024 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Wednesday, September 18, 2024 | SOU TEAS EXTENSION RECEIVED |
| Wednesday, September 18, 2024 | NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED |
| Wednesday, September 18, 2024 | SOU EXTENSION 1 GRANTED |
| Wednesday, September 18, 2024 | SOU EXTENSION 1 FILED |
| Tuesday, February 27, 2024 | PUBLISHED FOR OPPOSITION |
| Tuesday, April 23, 2024 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |