| Serial Number | 98951405 |
| Word Mark | THE DONUTTERY |
| Filing Date | Friday, January 10, 2025 |
| Status | 661 - RESPONSE AFTER NON-FINAL ACTION - ENTERED |
| Status Date | Wednesday, October 1, 2025 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 4 - Illustration: Drawing with word(s) / letter(s) / number(s) in Block form |
| Published for Opposition Date | NOT AVAILABLE |
| Concurrent Use Statement | The date of first use for the THE DONUTTERY dates back at least to September 1, 1995. The date of first use for Registrations 4547286 and 4537214 (DOUGHNUTTERY) only date back to November 28, 2012. |
| Goods and Services | Retail store service featuring doughnuts for consumption off the premises |
| Concurrent Use Statement | The date of first use for the current mark THE DONUTTERY dates back at least to September 1, 1995. The filing dates for Registrations 4547286 and 4537214 (DOUGHNUTTERY) are both October 10, 2013. The current mark is only used for retail store services featuring doughnuts for consumption off the premises. The current mark is only being used within the state of California. The current mark is only being used in association with retail store services. The mode of use for the current mark is signage for the store front providing retail store services. The current mark is also affixed to each box of donuts purchased at the retail store. Concurrent user is Doughnuttery Inc., 315 East 70th Street Apt 1A, New York, NY 10021. Registration 4547286 is for class 30, namely donuts; sugar; dipping sauces; donut dogs, namely, hot dogs with a donut base; donut bread pudding; donut cheese sticks, namely, cheese sticks with a donut base. Registration 4537214 is for class 43, restaurant services, namely, providing of food and beverages for consumption on and off the premises.The concurrent user is using the marks in New York, NY, Milwaukee, WI, Hurricane, UT, and Oklahoma City, OK, They also maintain a website: https://www.doughnuttery.com/ In addition to donuts and restaurant services, they also provide franchising services, catering services, fundraising services, and retail services for clothing. To Applicants knowledge, the modes of use for the concurrent marks include menus, clothing, and on concurrent user's website. The concurrent marks have been in use since 2012. |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Friday, January 10, 2025 |
| Primary Code | 035 |
| First Use Anywhere Date | Friday, September 1, 1995 |
| First Use In Commerce Date | Friday, September 1, 1995 |
| Party Name | NOT AVAILABLE |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 01 - Individual |
| Address | Huntington Beach, CA 92647 |
| Event Date | Event Description |
| Friday, January 10, 2025 | NEW APPLICATION ENTERED |
| Thursday, May 1, 2025 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Friday, January 10, 2025 | APPLICATION FILING RECEIPT MAILED |
| Friday, June 6, 2025 | ASSIGNED TO EXAMINER |
| Thursday, July 24, 2025 | NON-FINAL ACTION E-MAILED |
| Thursday, July 24, 2025 | NON-FINAL ACTION WRITTEN |
| Tuesday, September 30, 2025 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, October 1, 2025 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, July 24, 2025 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, September 30, 2025 | CORRESPONDENCE RECEIVED IN LAW OFFICE |