| Serial Number | 97808205 |
| Word Mark | THE ORIGINAL DAVE'S COSMIC SUBS EST. 1997 |
| Filing Date | Thursday, February 23, 2023 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, October 29, 2024 |
| Registration Number | 7553370 |
| Registration Date | Tuesday, October 29, 2024 |
| Mark Drawing | 3 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, December 26, 2023 |
| Description of Mark | The mark consists of the words "THE ORIGINAL" in yellow, above the word "Dave's" in red next to the words "Cosmic Subs" in red, with a yellow guitar with the words "est. 1997" in black, between the words "Dave's" and "Cosmic", all atop of a solid black rectangle with a thin yellow outline, where a yellow star dots the "i" in "Cosmic". |
| 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, yellow is/are claimed as a feature of the mark. |
| NOT AVAILABLE | "SUBS" AND "EST. 1997" |
| Goods and Services | Restaurant and catering services |
| 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, March 14, 2023 |
| Primary Code | 043 |
| First Use Anywhere Date | Friday, May 31, 2024 |
| First Use In Commerce Date | Friday, May 31, 2024 |
| Party Name | SRC DCS LLC |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 16 - Limited Liability Company |
| Address | Gates Mills, OH 44040 |
| 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 |
| Thursday, April 27, 2023 | NON-FINAL ACTION E-MAILED |
| Monday, February 27, 2023 | NEW APPLICATION ENTERED |
| Tuesday, March 14, 2023 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED |
| Wednesday, March 15, 2023 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Saturday, April 22, 2023 | ASSIGNED TO EXAMINER |
| Thursday, April 27, 2023 | NON-FINAL ACTION WRITTEN |
| Thursday, April 27, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, July 26, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Wednesday, July 26, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, July 27, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Thursday, August 24, 2023 | NON-FINAL ACTION WRITTEN |
| Thursday, August 24, 2023 | NON-FINAL ACTION E-MAILED |
| Thursday, August 24, 2023 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Sunday, November 19, 2023 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Sunday, November 19, 2023 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, November 20, 2023 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, December 6, 2023 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, November 21, 2023 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Tuesday, December 26, 2023 | PUBLISHED FOR OPPOSITION |
| Tuesday, December 26, 2023 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, February 20, 2024 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Friday, July 12, 2024 | USE AMENDMENT FILED |
| Friday, July 12, 2024 | TEAS STATEMENT OF USE RECEIVED |
| Friday, September 13, 2024 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Monday, September 16, 2024 | STATEMENT OF USE PROCESSING COMPLETE |
| Thursday, September 26, 2024 | NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED |
| Thursday, September 26, 2024 | ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED |
| Tuesday, October 29, 2024 | REGISTERED-PRINCIPAL REGISTER |
| Tuesday, October 29, 2024 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |