| Serial Number | 97630320 |
| Word Mark | THE ONE THE ONLY...FUSCO'S ORIGINAL ITALIAN ICE EST. 1957 |
| Filing Date | Thursday, October 13, 2022 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, February 27, 2024 |
| Registration Number | 7313721 |
| Registration Date | Tuesday, February 27, 2024 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 12, 2023 |
| Goods and Services | Italian ice; water ice |
| Description of Mark | The mark consists of the wording "THE ONE THE ONLY..." above the larger bolded word "FUSCO'S." The design of a lemon cut in half with leaves appears to the right of the word "FUSCO'S," and the design of a whole lemon appears partially behind the design of the cut lemon. The script wording "Original Italian Ice" appears below the word "FUSCO'S," and the wording "EST. 1957" appears below the word "Ice". |
| Pseudo Mark | THE ONE THE ONLY FUSCO'S ORIGINAL ITALIAN ICE EST ONE NINE FIVE SEVEN; THE ONE THE ONLY FUSCO'S ORIGINAL ITALIAN ICE EST ONE THOUSAND NINE HUNDRED FIFTY SEVEN; THE ONE THE ONLY FUSCO'S ORIGINAL ITALIAN ICE EST NINETEEN FIFTY SEVEN |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Italian ice shop services in the nature of a restaurant; restaurant services featuring Italian ice and water ice |
| Disclaimer with Predetermined Text | "ORIGINAL ITALIAN ICE EST. 1957" |
| 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 | Thursday, October 27, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | Thursday, March 31, 2022 |
| First Use In Commerce Date | Thursday, March 31, 2022 |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Thursday, October 27, 2022 |
| Primary Code | 043 |
| First Use Anywhere Date | Thursday, March 31, 2022 |
| First Use In Commerce Date | Thursday, March 31, 2022 |
| Party Name | FUSCO'S WATER ICE LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | NEW CASTLE, DE 19720 |
| Party Name | FUSCO'S WATER ICE LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | NEW CASTLE, DE 19720 |
| Party Name | FUSCO'S WATER ICE LLC |
| Party Type | 11 - New Owner Before Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | NEW CASTLE, DE 19720 |
| Party Name | JoMaGi LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | New Castle, DE 19720 |
| Event Date | Event Description |
| Tuesday, February 27, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, February 27, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, December 12, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 12, 2023 | PUBLISHED FOR OPPOSITION |
| Wednesday, November 22, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Monday, November 6, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Saturday, November 4, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Friday, November 3, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Friday, November 3, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, August 8, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, August 8, 2023 | NON-FINAL ACTION E-MAILED |
| Tuesday, August 8, 2023 | NON-FINAL ACTION WRITTEN |
| Friday, July 28, 2023 | ASSIGNED TO EXAMINER |
| Wednesday, March 15, 2023 | AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP |
| Friday, October 28, 2022 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Thursday, October 27, 2022 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, October 17, 2022 | NEW APPLICATION ENTERED |