| Serial Number | 87259595 |
| Word Mark | THE PATIO EXPRESS COMMUNITY STORE |
| Filing Date | Tuesday, December 6, 2016 |
| Status | 601 - ABANDONED - EXPRESS |
| Status Date | Monday, February 26, 2018 |
| 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 | NOT AVAILABLE |
| In Another Form Statement | The mark was first used anywhere in a different form other than that sought to be registered at least as early as 11/08/2012 |
| In Another Form Statement | The mark was first used in commerce in a different form other than that sought to be registered at least as early as 11/08/2012 |
| In Another Form Statement | The mark was first used anywhere in a different form other than that sought to be registered at least as early as 11/08/2012 |
| In Another Form Statement | The mark was first used in commerce in a different form other than that sought to be registered at least as early as 11/08/2012 |
| In Another Form Statement | The mark was first used anywhere in a different form other than that sought to be registered at least as early as 11/08/2012 |
| In Another Form Statement | The mark was first used in commerce in a different form other than that sought to be registered at least as early as 11/08/2012 |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Disclaimer with Predetermined Text | "EXPRESS COMMUNITY STORE" FOR INTERNATIONAL CLASSES 29, 30 OR 35, AND "PATIO EXPRESS" OR "COMMUNITY" FOR INTERNATIONAL CLASS 43 |
| Description of Mark | The mark consists of "THE PATIO EXPRESS COMMUNITY STORE" in stylized font in vertical placement of the words with "THE" at the top and "STORE" at the bottom. All the preceding within a hexagon and thin border outline also in the shape of a hexagon. Two small horizontal lines appear before and after the wording "THE" and "COMMUNITY". |
| Goods and Services | Prepared foods and packaged foods for retail sale, namely, prepackaged meals and boxed dinners primarily comprised of meats, poultry, fish, seafood, game, meat substitutes, tofu and/or prepared vegetables, salads, namely, tuna salad, chicken salad, potato salad, garden salad, Caesar salad, cobb salad, Mediterranean vegetable salad, Fattoush salad, kale salad, beet salad, prepared fruit and yogurt dip parfait, prepared veggies and hummus, cheese, prepared fruit and cracker combinations, egg, cheese, prepared vegetable crudité and hummus parfait, sides, namely, pickles, baked beans, meals, namely, prepared meals consisting primarily of game, frozen meals consisting of vegetables, and grocery products, namely, applesauce, cooked fruits and vegetables, potato chips, jams, jellies, marmalades; Prepared meals to go consisting primarily meats, poultry, fish, seafood, game, meat substitutes, tofu and/or prepared vegetables, salads, namely, tuna salad, chicken salad, potato salad, garden salad, Caesar salad, cobb salad, Mediterranean vegetable salad, Fattoush salad, kale salad, beet salad, prepared fruit and yogurt dip parfait, prepared veggies and hummus, cheese, prepared fruit and cracker combinations, egg, cheese, prepared vegetable crudité and hummus parfait, sides, namely, pickles, baked beans; Prepared meals, foods and packaged foods for retail sale, namely, prepackaged meals and boxed dinners primarily comprised of coleslaw salad; Drinks and beverages, namely, fruit-based food beverage, yogurt drinks |
| Goods and Services | Prepared foods and packaged foods for retail sale, namely, prepackaged meals and boxed dinners primarily comprised of pasta or rice, pizza, farro, salads, namely, macaroni salad, rice salad, quinoa salad, noodle salad, chicken and wild rice salad, veggie quinoa wrap, wild rice veggie wrap, desserts, namely, pie, cake, bakery desserts, sides in the nature of rice, mashed potatoes, meals, namely, noodle-based prepared meals, frozen meals consisting primarily of quinoa, and grocery products, namely, corn bread, macaroni and cheese, candy, breads, sauces, condiments, namely, chili pepper paste, prepared horseradish, drinks and beverages, namely, espresso drinks, ice cream drinks; Prepared meals to go primarily comprised of pasta or rice, pizza, farro, salads, namely, macaroni salad, rice salad, quinoa salad, noodle salad, chicken and wild rice salad, veggie quinoa wrap, wild rice veggie wrap, desserts, namely, pie, cake, bakery desserts, sides in the nature of rice, mashed potatoes; Prepared foods, packaged foods for retail sale, and prepared meals to go namely, prepackaged meals and boxed dinners primarily comprised of sandwiches, chicken Caesar wrap, bacon chicken ranch wrap, and granola berry parfait |
| Goods and Services | Drinks and beverages, namely, cola drinks, energy drinks, beer |
| Goods and Services | Drinks and beverages, namely, wine, prepared alcoholic cocktails |
| Goods and Services | Retail store services and marketplace services featuring gourmet foods, dishes, drinks and beverages, home and textile goods; Retail delicatessen services; Retail grocery services |
| Goods and Services | Restaurant services; Restaurant services, namely, grab 'n go food services; Restaurant, café, and cocktail lounge services; Bar services; Take-out restaurant services; Catering services and restaurants featuring home delivery; Restaurant services, namely, providing food and beverages for consumption on and off the premises; Casual dining restaurants; Food and drink through food trucks |
| 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 | Saturday, December 10, 2016 |
| 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 | Wednesday, October 4, 2017 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
| US Class Codes | 045, 046, 048 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, January 24, 2018 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 033 - Alcoholic beverages (except beers). |
| US Class Codes | 047, 049 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, January 24, 2018 |
| Primary Code | 033 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Saturday, December 10, 2016 |
| Primary Code | 035 |
| 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 | Saturday, December 10, 2016 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | The Patio Express, LP |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 13 - Limited Partnership |
| Address | San Diego, CA 92110 |
| Event Date | Event Description |
| Monday, February 26, 2018 | ABANDONMENT NOTICE MAILED - EXPRESS ABANDONMENT |
| Monday, February 26, 2018 | ABANDONMENT - EXPRESS MAILED |
| Friday, February 23, 2018 | TEAS EXPRESS ABANDONMENT RECEIVED |
| Wednesday, February 14, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, February 14, 2018 | NON-FINAL ACTION E-MAILED |
| Wednesday, February 14, 2018 | NON-FINAL ACTION WRITTEN |
| Thursday, January 25, 2018 | ASSIGNED TO EXAMINER |
| Wednesday, January 24, 2018 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, January 23, 2018 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, January 23, 2018 | TEAS REQUEST FOR RECONSIDERATION RECEIVED |
| Monday, November 27, 2017 | ASSIGNED TO EXAMINER |
| Monday, October 30, 2017 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Monday, October 30, 2017 | FINAL REFUSAL E-MAILED |
| Monday, October 30, 2017 | FINAL REFUSAL WRITTEN |
| Wednesday, October 4, 2017 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, October 4, 2017 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, September 25, 2017 | ASSIGNED TO LIE |
| Monday, September 18, 2017 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Thursday, March 16, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, March 16, 2017 | NON-FINAL ACTION E-MAILED |
| Thursday, March 16, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, March 8, 2017 | ASSIGNED TO EXAMINER |
| Tuesday, December 13, 2016 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Saturday, December 10, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Friday, December 9, 2016 | NEW APPLICATION ENTERED IN TRAM |