| Serial Number | 90623958 |
| Word Mark | THE HABIT BURGER & GRILL SB/CA EST. 1969 |
| Filing Date | Monday, April 5, 2021 |
| Status | 606 - ABANDONED - NO STATEMENT OF USE FILED |
| Status Date | Monday, October 2, 2023 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 5000 - Drawing with word(s) / letter(s) / number(s) in Stylized form |
| Published for Opposition Date | Tuesday, January 3, 2023 |
| Goods and Services | Ketchup; Ice cream sundaes; Sandwiches, namely, hamburger sandwiches, fish sandwiches, veggie burger sandwiches, steak sandwiches, chicken sandwiches, and cheese sandwiches; Cones for ice cream |
| Description of Mark | The mark consists of the stacked words "THE HABIT BURGER & GRILL" in black with blue shadowing around the wording "HABIT", and "SB/CA" in red color at the top left and "EST. 1969" in red color at the top right of the stacked wording. |
| Goods and Services | Downloadable software in the nature of a mobile application for viewing restaurant menu and nutritional information, creating user accounts, ordering food, monitoring the status of food orders, finding restaurant locations, accessing information about restaurants and order history, receiving notifications about orders, promotions, and discounts, receiving email and push notifications, paying for orders, and retrieving special offers |
| Goods and Services | Chicken nuggets; French fries; Milk shakes; Onion rings; Salads, namely, garden salads, grilled chicken salads, vegetable salads, Cobb salads, and Caesar salads; Sweet potato fries; Tempura vegetables |
| Pseudo Mark | THE HABIT BURGER & GRILL SB/CA ESTABLISHED ONE NINE SIX NINE; THE HABIT BURGER & GRILL SB/CA ESTABLISHED NINETEEN SIXTY NINE; THE HABIT BURGER & GRILL SB/CA ESTABLISHED ONE THOUSAND NINE HUNDRED SIXTY NINE |
| Indication of Colors claimed | The color(s) blue, red, and black is/are claimed as a feature of the mark. |
| Goods and Services | Catering services; Restaurant services; Providing of food and drink via a mobile truck |
| Disclaimer with Predetermined Text | "BURGER & GRILL" and "SB" and "CA" and "EST. 1969" |
| 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, July 13, 2021 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, July 13, 2021 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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 | Tuesday, July 13, 2021 |
| Primary Code | 030 |
| 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, July 13, 2021 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | The Habit Restaurants, LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Irvine, CA 92614 |
| Party Name | The Habit Restaurants, LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Irvine, CA 92614 |
| Event Date | Event Description |
| Monday, October 2, 2023 | ABANDONMENT NOTICE E-MAILED - NO USE STATEMENT FILED |
| Monday, October 2, 2023 | ABANDONMENT - NO USE STATEMENT FILED |
| Tuesday, February 28, 2023 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, January 3, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, January 3, 2023 | PUBLISHED FOR OPPOSITION |
| Wednesday, December 14, 2022 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Wednesday, November 30, 2022 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, October 17, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, October 17, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Sunday, October 16, 2022 | ASSIGNED TO LIE |
| Tuesday, September 6, 2022 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Friday, May 6, 2022 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Friday, May 6, 2022 | LETTER OF SUSPENSION E-MAILED |
| Friday, May 6, 2022 | SUSPENSION LETTER WRITTEN |
| Wednesday, April 6, 2022 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, April 5, 2022 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, April 5, 2022 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, October 28, 2021 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, October 28, 2021 | NON-FINAL ACTION E-MAILED |
| Thursday, October 28, 2021 | NON-FINAL ACTION WRITTEN |
| Wednesday, October 27, 2021 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, October 27, 2021 | NON-FINAL ACTION E-MAILED |
| Wednesday, October 27, 2021 | NON-FINAL ACTION WRITTEN |
| Thursday, October 14, 2021 | ASSIGNED TO EXAMINER |
| Tuesday, July 13, 2021 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Thursday, April 8, 2021 | NEW APPLICATION ENTERED |