| Serial Number | 97808200 |
| Word Mark | THE ORIGINAL DAVE'S COSMIC SUBS EST. 1997 |
| Filing Date | Thursday, February 23, 2023 |
| Status | 688 - NOTICE OF ALLOWANCE - ISSUED |
| Status Date | Tuesday, February 20, 2024 |
| 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 | Tuesday, December 26, 2023 |
| Goods and Services | Sandwiches |
| Description of Mark | The mark consists of the word "THE" in yellow above the word "ORIGINAL" in yellow, above the word "Dave's" in red above the word "Cosmic" in red (with a yellow star dotting the "i") above the word "Subs" in red, with a yellow guitar with the words "est. 1997" (in black with black lines above and below the words), to the left, all atop of a solid black circle with a thin yellow outline. |
| 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. |
| Pseudo Mark | THE ORIGINAL DAVES COSMIC SUBS EST ONE NINE NINE SEVEN; THE ORIGINAL DAVES COSMIC SUBS EST ONE THOUSAND NINE HUNDRED NINETY SEVEN; THE ORIGINAL DAVES COSMIC SUBS EST NINETEEN HUNDRED NINETY SEVEN |
| Section 2(f) Limitation Statement | THE ORIGINAL has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement; THE ORIGINAL has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 7124876 |
| Indication of Colors claimed | The color(s) black, red, and yellow is/are claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "SUBS" AND "EST. 1997" |
| 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, March 14, 2023 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | SRC DCS LLC |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Gates Mills, OH 44040 |
| Party Name | SRC DCS LLC |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Gates Mills, OH 44040 |
| Event Date | Event Description |
| Sunday, March 31, 2024 | TEAS STATEMENT OF USE RECEIVED |
| Tuesday, February 20, 2024 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, December 26, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, December 26, 2023 | PUBLISHED FOR OPPOSITION |
| Wednesday, December 6, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, November 21, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, November 20, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Sunday, November 19, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Sunday, November 19, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, August 24, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, August 24, 2023 | NON-FINAL ACTION E-MAILED |
| Thursday, August 24, 2023 | NON-FINAL ACTION WRITTEN |
| Thursday, July 27, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, July 26, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, July 26, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, April 27, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, April 27, 2023 | NON-FINAL ACTION E-MAILED |
| Thursday, April 27, 2023 | NON-FINAL ACTION WRITTEN |
| Saturday, April 22, 2023 | ASSIGNED TO EXAMINER |
| Wednesday, April 19, 2023 | TEAS AMENDMENT ENTERED BEFORE ATTORNEY ASSIGNED |
| Wednesday, April 19, 2023 | TEAS VOLUNTARY AMENDMENT RECEIVED |
| Wednesday, March 15, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, March 14, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Monday, February 27, 2023 | NEW APPLICATION ENTERED |