| Serial Number | 77835484 |
| Word Mark | SPIRITO BROTHERS TOMATO SAUCE SINCE 1933 |
| Filing Date | Friday, September 25, 2009 |
| Status | 713 - CANCELLED - SECTION 18 |
| Status Date | Thursday, April 3, 2014 |
| Registration Number | 3789917 |
| Registration Date | Tuesday, May 18, 2010 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 2, 2010 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "TOMATO SAUCE", "SINCE 1933" OR "BROTHERS" |
| Description of Mark | The mark consists of a design encircled by a shaded border, including the words "Spirit Brothers" centered above the circle design and the words "Tomato Sauce" and "Since 1933" centered below the circle design. The circle design contains a black and white representation of the head and busts of two well groomed and well dressed male individuals placed adjacent to one another, one male with mustache and one without mustache, with each individual wearing a dark suit and dark necktie. |
| Goods and Services | Pasta sauce |
| Lining/Stippling Statement | The stippling is a feature of the mark and does not indicate color. |
| Name/Portrait Description and/or Consent Statement | The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual. |
| Translation of Words in Mark | The wording "Spirito" has no meaning in a foreign language. |
| 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 | 3 - Sec. 18 - Entire Registration |
| Class Status Date | Thursday, April 3, 2014 |
| Primary Code | 030 |
| First Use Anywhere Date | Friday, September 25, 2009 |
| First Use In Commerce Date | Thursday, October 1, 2009 |
| Party Name | Spirito Brothers, LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Wilmington, DE 19810 |
| Party Name | Spirito Brothers, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Wilmington, DE 19810 |
| Party Name | Spirito Brothers, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Wilmington, DE 19810 |
| Event Date | Event Description |
| Thursday, April 3, 2014 | CANCELLED SECTION 18-TOTAL |
| Thursday, April 3, 2014 | CANCELLATION TERMINATED NO. 999999 |
| Wednesday, January 29, 2014 | CANCELLATION GRANTED NO. 999999 |
| Friday, December 13, 2013 | CANCELLATION INSTITUTED NO. 999999 |
| Tuesday, May 18, 2010 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, March 2, 2010 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, March 2, 2010 | PUBLISHED FOR OPPOSITION |
| Monday, January 25, 2010 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Friday, January 22, 2010 | ASSIGNED TO LIE |
| Wednesday, December 30, 2009 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, December 30, 2009 | USE AMENDMENT ACCEPTED |
| Tuesday, December 22, 2009 | ASSIGNED TO EXAMINER |
| Friday, December 4, 2009 | AMENDMENT TO USE PROCESSING COMPLETE |
| Friday, December 4, 2009 | USE AMENDMENT FILED |
| Thursday, December 3, 2009 | TEAS AMENDMENT OF USE RECEIVED |
| Wednesday, September 30, 2009 | NOTICE OF DESIGN SEARCH CODE MAILED |
| Tuesday, September 29, 2009 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Tuesday, September 29, 2009 | NEW APPLICATION ENTERED IN TRAM |