SOMBRERO'S MEXTAURANT, THE MEXAURANT 'HEALTHY EATING' Trademark
Trademark Overview
On Monday, December 25, 2006, a trademark application was filed for SOMBRERO'S MEXTAURANT, THE MEXAURANT 'HEALTHY EATING' with the United States Patent and Trademark Office. The USPTO has given the SOMBRERO'S MEXTAURANT, THE MEXAURANT 'HEALTHY EATING' trademark a serial number of 77071075. The federal status of this trademark filing is ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE as of Monday, October 22, 2007. This trademark is owned by DormantIdeas, Inc.. The SOMBRERO'S MEXTAURANT, THE MEXAURANT 'HEALTHY EATING' trademark is filed in the Restaurant & Hotel Services category with the following description:
Carry-out restaurants; Fast food and non-stop restaurant services; Restaurants featuring home delivery
General Information
| Serial Number | 77071075 |
| Word Mark | SOMBRERO'S MEXTAURANT, THE MEXAURANT 'HEALTHY EATING' |
| Filing Date | Monday, December 25, 2006 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Monday, October 22, 2007 |
| 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 |
Trademark Statements
| Indication of Colors claimed | The color(s) gold,sienna, saddlebrown, limegreen, red, forestgreen, orange, goldenrod, darkgoldenrod, olivedrab,darkolivedrab, Black, white and gray tones that expose the is/are claimed as a feature of the mark. |
| Description of Mark | The mark consists of a Southwestern scene arranged on top of a surface area shaped in the form of an oblong circle lying from left to right in its length and delimited by a thin line. The portion of the word mark, namely ?Sombrero?s?, is made of 3 dimensional(3D) block letters laid across and starting at the left tip of the oblong surface, stretching towards the right to ¿ of the distance of the oblong surface area. A Saguaro cactus stands immediately to the right of the lower case ?s? of the word Sombrero?s. The cactus left limb is immediately above the lower case ?s? of the word Sombrero?s and is stretched upwards until it touches the right side of the sombrero(hat). The sombrero lies with it?s left side hooked over the ?S? of the word Sombrero?s and is held tilted up at about a 10 degrees angle with its right side resting on the end of the left limb of the cactus. The right limb of the cactus stretches towards the right end of the oblong surface and directly above the siesta caricature that lies against the right side of the foot of the cactus. The word Mextaurant of the word mark is made of smaller 3 dimensional(3D) block letters laid in front of and at the foot of the letters ?rero?s? of the word Sombrero?s overlapping them by the upper ¿ of their height and stretching right in front of the cactus foot and partially covering the back of the siesta caricature. The shade produced by the sombrero is projected across the top of the letters ?Somb? of the word mark Sombrero?s and is also projected onto the oblong surface area in an olive fruit shaped shaded area with its left tip starting exactly behind the left edge of the letter ?e? of the word ?Mextaurant? so has to make it appear as a stuffed olive, and the right tip of the olive shaped shaded area reaches the back right tip edge of the oblong surface area, also overlapping the siesta caricature as to make it appear as being in the shade. The siesta caricature wears a small sombrero and has its back positioned against the right side of the cactus foot, in a sitting position crouched over its raised right knee with its arms wrapped around same knee and with its left leg extended out in the olive fruit shaped shaded area and with its left foot resting outside of the olive fruit shaped shaded area. The words ?A øExercise Restaurant? are laid around and inside the olive fruit shaped shaded area in a semi-circle lying flat as if the shade of the same words starting at the base of the right leg of the letter ?X? of the word mark Mextaurant, and continuing around and inside the olive fruit shaped shaded area under the ?ant? portion of the word mark Mextaurant and continuing around under the siesta caricature, leaving enough visible parts of the word Restaurant to be easily guessed by the viewer. The portion of the word mark namely ?The Mexaurant? is made up of standard character letters and lies at the right bottom of the oblong surface area. The phrase ?øExercise Restaurant? is separately registered by the DormantIdeas Corporation and therefore not claimed in this inquiry. No claim is made for the standard character phrase ?Healthy Eating? that precedes and lies immediately to the left of the mark word ?Mextaurant?. The color gold appears as the background color of the mark, the color sienna appears in the sombrero, in a decreasing tone from left to right across the entire hat, the color sienna also appears in the caricature of the person resting under the cactus plant and also appears in the base of the foot of the cactus, the color golden rod appears in the oblong surface area the mark is located on, the color saddlebrown appears in the caricature?s sombrero, the color limegreen appears in the cactus plant and the oval shaped delimiting circle around the oblong surface area, the color red appears in the ?Mex? portion of the word Mextaurant, the color forestgreen appears in the ?taurant? portion of the word Mextaurant, the color orange appears in the word Sombrero?s, the color darkgoldenrod appears in the shaded portion ?Somb? of the word Sombrero?s, the color olivedrab appears in the shaded portion of the tip of the right limb of the cactus and also appears in the olive fruit shaped shaded area, the color darkolivedrab appears in the phrase ?A øExercise Restaurant?. The word mark ?Sombrero?s Mextaurant, The Mexaurant? names our restaurant and its format as a ?Mexican Restaurant?. The Spanish word ?Sombrero? translates into English as a high-crowned hat with a wide brim worn in the Southwest United States and Mexico. The portion of the word mark, namely ?Mextaurant? is a contraction of the 2 words Mexican and Restaurant. The portion of the word mark, namely ?Mexaurant? is also a contraction of the 2 words Mexican and Restaurant. The mark in its use is spelled: ?Sombrero?s Mextaurant, The Mexaurant?. The part of the word mark to the right of the comma, namely ?The Mexaurant?, further describes the mark with a familiar quick version of its name . |
| Goods and Services | Carry-out restaurants; Fast food and non-stop restaurant services; Restaurants featuring home delivery |
Classification Information
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, December 29, 2006 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
Trademark Owner History
| Party Name | DormantIdeas, Inc. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Acworth, GA 30102 |
Trademark Events
| Event Date | Event Description |
| Tuesday, October 23, 2007 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Monday, October 22, 2007 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Monday, March 26, 2007 | NON-FINAL ACTION E-MAILED |
| Monday, March 26, 2007 | NON-FINAL ACTION WRITTEN |
| Saturday, March 17, 2007 | ASSIGNED TO EXAMINER |
| Saturday, December 30, 2006 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Friday, December 29, 2006 | NEW APPLICATION ENTERED IN TRAM |
